How Do You Determine if My Case Is Worth Taking?
To be clear – we start with the belief that every case is “worth” taking. If you or a loved one has been injured and/or suffered loss, you deserve to be compensated for that loss. In that regard, no one’s injury is less important or less “worthy” of attention than anyone else’s. That being said, not every case is winnable; not every case is cost-effective, either for you or for the attorney; and not every case is warranted under the law. For this reason, every personal injury attorney must weigh all considerations to determine whether a particular case should be pursued.
Factors in Evaluating a CaseWhat do we look at when determining whether to take on a case? Here are a few factors we take into account:
- The likelihood of a win. Is the evidence overwhelming, or marginal? How likely will it be to convince a judge/jury of the merits of your case?
- The cost of a win. If the costs of proving your case don’t justify the settlement, both the lawyer and client could end up losing money, even if you are right.
- The likelihood of a settlement. If we can settle out of court, will the settlement be sufficient to justify the cost? If we have to go to trial, will that raise or lower our chances of getting a sufficient settlement?
- The legal justification for your case. If the law doesn’t adequately support your claim or if we can’t find enough legal precedent, the judge may dismiss your case. We’ll avoid that eventuality if it seems likely.
- The ability of the defendant to pay. If the person or company is insolvent, sometimes it doesn’t make sense to sue – and suing just to make a point only hurts you financially.
- The anticipated length of time. For complex cases that can stretch out for months or years, the client must have the commitment, patience and funds to “wait it out.”
- The client’s expectations. If your primary objective is revenge or you expect an exorbitant settlement, this may affect our resolve to take the case.
- Our current case load. If we don’t have the time or bandwidth to give your case the attention it deserves, we may refer you somewhere else.