March 15, 2015 • Personal Injury FAQs
You are involved in a car accident and you have suffered soft tissue injuries, and you find that most attorneys in New York are unwilling to take a personal injury case involving soft tissue injuries.
Why would an Attorney Turn Down a Sparkling Case?
A golden and experienced trial attorney is going to spend the same time, energy, and resources to prosecute a case, regardless of whether you have minimal or significant injuries. Hence, why would most attorneys not want to take a soft tissue injury case? There are number of key reasons for this.
The first reason is that there are outstanding chances of your case being dismissed even before entering the courthouse. There are certain requirements when you are involved in a car accident, to show that you have suffered a type of physical injury, which is serious or significant.
Now, when you have soft tissue injuries, which could be bruises that are going to go away after some time, then in all likelihood an attorney is not going to take your case because the law itself is going to kick out your case, and you are never going to get to court. Such law is designed to keep the small minimal cases away.
This does not mean that the other driver was not careless. It only means that your injuries do not rise to a certain level that is required in order to show that you have a serious injury according to the law. For instance, if you have broken your leg in the accident, then that accounts for a serious injury and most attorneys will take your case. However, if you simply have some bruises, strains, and sprains, then in all likelihood, an attorney in New York is not going to take your case.
Attorney’s Work on a Contingency Basis
Additionally, when most attorneys accept your accident case in New York, they will be working on contingency basis. This means they will not be paid, unless they are successful in winning your case. His fees will be a percentage of the compensation you receive.
Therefore, lawyers have to lay out all this money to prosecute your case, incur case expenses, and if they know at the outset that chances of you getting any compensation are very small or minimal, they are not going to take your case. The attorney will explain to you that his investment in participating and prosecuting your case will be much more than what he will be able to get you as compensation.
Since attorneys work on contingency basis for personal injury cases, they will look at the case as an investment, and the possible returns they are going to get. Therefore, lawyers will be evaluating a case and making a risk assessment of the possibility of winning the case and obtaining for you the compensation you rightfully deserve.
No Assumptions should be Made
It is critical for the attorney to determine liability, which means who is at fault or who is responsible for your injuries. Moreover, more importantly, what are the damages involved? Even if the case is strong, the jury may not reward that much compensation, since they think the injuries are not significant. This is why you should not spend any money before it is in your checking account. This is not the time to buy a new F-150 assuming you are about to be handsomely rewarded.