Brain injuries are one of the most common injuries in the United States, with concussions, car accidents, and strokes being some of the most frequent ways people suffer a brain injury. Unfortunately, there are permanent effects from many of these brain injuries, and thousands of Americans across the country are having to deal with this reality. One of the most difficult aspects of a brain injury is the cost. The medical bills can be ongoing.
This is why it is important to reach out to a personal injury lawyer to see if you have a case. If you’ve reached out to a lawyer and they told you that you do not have a case, don’t give up right away. Their professional opinion could be clouded by a personal judgement about your case. It is always a good idea to get a second opinion no matter what—and sometimes, even a third or fourth. Read on to discover why lawyers usually turn away cases, and what to do when this occurs.
Why Lawyers Turn Down Brain Injury Cases
Even if your case seems like a slam dunk, with the defendant being obviously guilty, this does not mean that every lawyer in town will want to take on your case. Unfortunately, brain injury cases involve a bit more work than the usual case. A lawyer must prove that the defendant is at fault and is the sole reason your injury occurred. Additionally, if the defendant does not have enough money, it may not be worth your time to sue. All lawyers will look at these aspects before taking on your case.
Here are some other common reasons lawyers will say no to a brain injury case:
– You do not have enough proof that you were injured, i.e. your injuries are too minor.
– You seem like a client who will not be pleasant to work with. Lawyers only want to take on clients they know they can communicate with and get along with. For example, if you do not return their texts or phone calls in a professional amount of time, they may see you as someone who may be too unreliable to work with.
– You are contacting the lawyer too frequently, or you are doing something else that may be irritating. You want your case to be easy for your lawyer to manage.
– Your case requires expert witness testimony, which is usually paid for by the lawyer. Some lawyers are not able to afford testimonies.
– Your case will simply take too much work, and the lawyer has other cases to attend to.
– The lawyer does not have enough experience working with brain injury cases.
Make Sure to Ask Why
If you are turned away, always make sure to ask the lawyer why they rejected your case. This information can help as you continue your search for another lawyer. Sometimes, they will not want to tell you why. This can be frustrating, but there is usually nothing you can do to persuade them.
Searching for Another Brain Injury Lawyer
After you have been rejected by a brain injury lawyer and you begin your search for another lawyer, you should first ask your friends, coworkers, and family for referrals. You can also ask your doctor, or you can ask a brain injury support group for a referral to a brain injury lawyer. Once you find a lawyer you want to meet with, here is what you should do when you meet with them:
– Clearly explain how your injury occurred, and do it fast. They do not want to hear a long injury story, as their time is valuable.
– Make sure to tell them that your case was previously turned down by another lawyer, which can help this lawyer assess whether or not they want to take your case.
– Have all of the evidence from your case, including medical bills, neatly organized. Make sure to have copies of this evidence that you bring to your legal consultation.
– Think about past criticisms of your personality from past lawyers, friends, and family. If people have said you tend to be aggressive, or that you talk too loudly or too quietly, try to remember this as you speak with your new prospective lawyer. You want to make the best first impression you can.
Is Your Case Worth Pursuing?
If your case has been turned down by several brain injury lawyers, this may mean your case is not worth pursuing. This is when you should ask yourself the following questions:
– Do I have an inflated idea about my own case?
– Will the person I am suing really be able to pay me? Is it worth the lawyer and court fees?
– Would I be willing to settle this case for a reasonable amount?
– Would I be willing to listen to my lawyer’s recommendation to say/do something to help me win, even if it’s something I wasn’t planning on?
Additionally, remember that even if your case appears weak, it does not mean you didn’t get injured by another party or that you were wrong. Unfortunately, money comes into play more than it should sometimes, and in the case of a personal injury lawsuit, it simply may not be worth your time.
More Signs Your Case May Not Be Worth Pursuing
– Multiple lawyers have said your case is not worth pursuing.
– You do not have enough evidence to prove the other party is guilty.
– The person you want to sue has no money or no insurance to collect from.
– Your injuries happened outside the United States.
– You are the cause of your own injury.
If you truly believe your case is worth pursuing, no matter what any lawyer tells you, you can also consider paying some lawyers an hourly rate, even if they do not want to officially take on your case.