Other law firms didnt help you with your case? Here are your options.
Following an accident or personal injury, you may go to a law firm for advice. Nothing feels worse than hearing a lawyer say no to your case. You might wonder whether there’s any hope.
The good news is that one law firm’s opinion is just one answer. Even if several law firms declined your case, they may have their reasons. Oftentimes, these reasons have little to do with the quality of your case. Some firms only do very specific types of injury claims. Others are focused on claims they expect to net them millions of dollars in damages. That doesn’t mean there’s anything wrong with your case. It just means it wasn’t right for those law firms.
What do you do if other law firms won’t help? What are your options?
Silverthorne Attorneys takes pride in tackling personal injury claims and lawsuits. We will review your entire case. Our lawyers pay attention to the small details that often decide cases. We will give you a briefing about your case’s strengths and weaknesses. We will also be clear about whether the case is a good fit for our personal injury practice.
If you’re trying to figure out what to do with a rejected case, talk with one of our attorneys. Our lawyers will give it the fair review that it deserves.
Why Firms Turn Down Personal Injury Cases
Proving Liability
Liability refers to the idea that someone is legally responsible for what happened. To win an injury case, you have to show that your version of events is more likely than not the true one. Also, you have to prove that the other party was liable. That means they were the proximate cause of your injuries. This is rather than something like bad weather or road conditions.
If a law firm thinks it will have a hard time proving liability, it may decline the case. Even if they think you have a solid case, proving it might be too expensive for their taste. Law offices often hire experts, reconstruct accidents, and process medical information to win a case. A firm might not want to put forth that money. This is especially the case if you only pay when they get money for you.
Damages Are Too Low
Nearly all law firms have a target for the damages they need to recover. Otherwise, they can’t pay lawyers, paralegals, and others. Cases involving minor injuries may not justify the costs.
Wrong Specialty
Specialization is normal in the law. A firm might only do car accidents case, for example. If you bring that firm a dog bite case, they may decline. Check a law firm’s website before contacting them to see what they specialize in. Also, check their recent news and blog articles. See what types of cases they regularly mention. This is especially useful when a law firm says it won a particular kind of case. A law office’s specialty is as important to you as it is to them.
We encourage you to check out our blog. See the rest of our website, too. Learn which cases we take. Read how we approach them. Check if some of those cases sound like yours.
Statute of Limitations
The statute of limitations for most cases is two years. This means you have two years from when the injury happened to file a claim. A case might require a lot of research. That makes it hard to file within the statute of limitations.
It also takes time to bring a case to different law firms. That time eats into the statutory limit period. A person can spend so much time shopping for a lawyer that there is little or no time left to file. Most law firms will decline such a case.
Need to Sue
Every law firm has to present a convincing argument that it will sue. However, most cases end out of court. Settlements are the vast majority of winning personal injury cases. Insurers often pay out before heading to court just to save money.
Some cases are bigger fights than others. Some cases are more likely to become lawsuits. They can end up in court. Not every law practice focuses on going to court. Many focus on doing paperwork and filing claims against insurers. They do the insurance process. Lawsuits are demanding and expensive.
Notably, some lawyers like to go to court. There are law firms that want the big judgment from a jury. They want the high-profile case in the news. Not all firms do.
Too Many Cases
Your case may be a good fit for a law firm’s practice. However, they may have booked too many cases. If they have a lot on their plate, an attorney should decline to represent you. They need to be able to give your case the time it deserves. This is why many practices add partners. More attorneys mean the law firm can tackle more cases.
Judgment-Proof Defendants
The defendant liable for your injuries has to be able to pay. The best-case scenario is that the defendant is fully insured. Your lawyer pushes the case with the insurer. The insurer sees that you’ll win. The insurer offers a fair settlement.
What happens if the defendant is uninsured? Worse, what if they’re broke? The court can place a lien on the defendant’s assets. What happens if they have nothing to take? The court can garnish the defendant’s wages. What happens if the defendant is unemployed?
These are judgment-proof defendants. It may be difficult or impossible to get money from them. Therefore, many law firms decline such cases.
Law Firms Frequently Differ
Ask any two lawyers for an opinion on a case, and they will differ. Even if both lawyers think the case is winnable, one might see it as a bigger challenge. This doesn’t mean it’s a bad case. It just means the case is not a good choice for them.
Get a Second or Third Opinion
Even if a law firm likes your case, you should visit other attorneys. Get a sense of who thinks what of your case. Learn where other lawyers agree. Learn how they disagree about your case.
Second opinions give you a chance to meet different attorneys. You may like one lawyer’s attitude or approach more.
Many law firms offer free or low-cost consultations. An attorney will review your case. They will then sit down with you. They will explain what they think your chances of winning are.
This is a good chance to ask questions. Ask how many cases like yours they’ve handled. Ask what they think you might win in damages. Ask how and when they use experts. Learn about their history of winning settlements. Find out how hard they’re willing to go to court to fight.
Pay attention to how they handle the little things. Does the staff answer calls and questions quickly before the consultation? How long do you wait? Does the firm seem especially busy? This is how they’re going to treat your case.
Organize Your Case
The more things you have ready to go, the better. A lawyer wants to know what they’re working with. We ask clients for medical records and bills. We examine police and fire department reports. Our lawyers look at reports from EMTs and doctors. Do you have photos of the scene of the accident or where you were injured? Did you get the witnesses’ names and contact information?
If you exchanged insurance information with the other party, share it with us. We know the insurers, and it gives us a sense of what you’re up against.
An attorney wants to make sense of what happened. Organizing your case helps them get there. This makes it easier to give you a straight answer about possible liability and damages.
Develop a Journal
A journal is a simple record of what has happened since the accident. You should record how you felt each day. If someone from the insurance company called you, note it in the journal. Anytime you have a doctor’s appointment, put it in there.
Your journal provides a picture of your long-term suffering. It also shows how long it’s taking for you to get better. The journal shows how much you are or aren’t getting better.
This is all important for understanding a case. Our attorneys can give you a better assessment based on your journal. We may use it later in your insurance claim or a lawsuit.
Know the Statute of Limitations
The vast majority of personal injury and vehicle accident cases have a two-year statute of limitations. This means you have two years to inform the defendant in writing that you want compensation.
Not all cases work this way. It may be as short as six months if the case involves a government. This could be a city, county, the state, or even the federal government.
Know when the clock starts. For typical accident and injury cases, the clock starts the day of the incident. However, repetitive stress injury cases may not start the clock until you learn about the injury.
Discuss the statute of limitations during your initial consultations. Make sure the lawyers agree. If you’re dealing with a shorter statutory limit, you want to know now. This will help you get your case moving in time.
Understand Your Type of Case
Most injury cases fall into a specific category. Knowing where yours lands makes it easier for us to give you a fair assessment.
Car Accident
We have lots of highways here in Orange County. That means we also see lots of car accident cases at our law firm. Car accident cases involve weather, physical forces, and highway conditions. Sometimes traffic laws come into the picture. Drugs and alcohol show up in more cases than they should.
Truck Accident
A trucking accident claim may sound similar to a car accident case. Trucks are much bigger. Also, many trucks operate under fleets. These are big companies that have all kinds of rules for operating safely. These companies have records for hiring, driver health, drug testing, accident histories, and more.
The ports of Los Angeles and Long Beach are near here. That means we see plenty of trucking accident cases.
Traffic Accidents
This is a catch-all category for things that aren’t cars or trucks. Accidents involving planes and trains fit in this category. So do boat, bicycle, and bus accidents. Incidents involving ATVs and motorcycles are also traffic accidents. This category covers Uber and Lyft accidents, too.
Premises Liability
Premises liability means someone’s responsibility to keep a property safe. This might be a house or a business. If you slip and fall at a grocery store, that is probably a premises liability claim.
Theme park accidents usually fall in this category. With a nearby Disney theme park, Orange County sees more of these cases than most places. We also see more cases involving out-of-staters who need a licensed California lawyer.
Product Liability
The products you use should be safe. This covers pharmaceuticals, food, and most everyday items.
Product liability shows up in more vehicle accident cases than you might expect. A defective seat belt is a product liability claim. The same goes for defective brakes, tires, and car seats.
Medical Malpractice
This is where many law firms split off. A lot of practices only handle medical malpractice claims. These are cases that involve doctors, nurses, technicians, clinics, and hospitals. Never assume a law practice does medical malpractice. For example, we do not.
Contingency Fees
When meeting with different attorneys, understand their fees. Contingency is a common fee structure in injury law. Many firms do not charge the client directly. Instead, they take a percentage of what the client wins. We do not charge a fee unless we win money for you.
Know the percentage. Lower isn’t always better. Top law firms tend to expect more for the quality of their work. Also, law firms that take on cases expecting lower damages usually expect a higher percentage.
Clarify whether the law office expects reimbursement for expenses. Some law firms expect contingency clients to pay for filing fees and expert witnesses, for example.
How We Help
Silverthorne Attorneys is a personal injury law firm. We serve people who’ve been hurt in Orange County, CA. Our practice focuses on injury cases, including car and truck accident claims. The consultation is free. We are also happy to discuss cases that other law firms have disqualified.
If you believe you have an injury case, contact us today. We will arrange a convenient time for you to speak with one of our attorneys.