It’s unfortunate, but not every personal injury or property damage case is viable. Since these cases are by and large taken by attorneys on a contingency basis (i.e. the lawyer puts up all costs and expenses and does not get paid unless you recover money), they often must feel that the risk is well worth the reward. In fact, the extent of damages is often the prevailing issue in the mind of a plaintiff’s lawyer when deciding to take on a new client.
Many things must be analyzed by the attorney prior to accepting the engagement. What are the elements of the claim and can they be proven? The venue of the case – State Court or Federal Court. Are there any potential defenses? Did the injured client contribute to the accident and if so, to what extent? What are the potential damages and does the potential outcome justify the amount of time invested in the case? Can we recover and is there insurance coverage to pay for any claims?
Each of these issues are often very complex in and of themselves. It is important that you have an experienced attorney evaluate these issues and clearly explain to you why he or she thinks that you do, or do not have a strong case. Sometimes, the less experienced the attorney, the more likely they will be to take a new case on, but that does not always result in win for the client. Critical errors can occur with a “green” lawyer who may miss an important factor when working on a case. That’s why it is often best to take you case to an established attorney and take their advice.
If you’ve been injured and believe you have a case, please contact our staff. With over ten years of experience in the legal field, we can help you navigate these issues and help guide you along the process in the best way possible.
The Law Office of Dennis J. DiSabato, Jr., LLC
3888 Renee Drive, Suite 201
Myrtle Beach, SC 29579