The Clendenin Firm

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Vlog: Why Won't a Lawyer Take My Case? - Section #1

Transcription:

Hi, everybody. Matt Clendenin here. Happy Friday! Just wanted to do a session on a question that gets asked a lot. And that is why won't an attorney take my case? I feel like there's a lot of folks out there that, you know, they've called dozens and dozens of law firms, and nobody wants to take their personal injury case. And they want to know why. Now of course, the short answer, which I'm sure a lot of you are guessing, is because their case isn't very good, but let me break that down a little bit more and try to be helpful so that folks can understand what's going through the mind of the lawyer. So I'd like to break this into a two part series and do one short video on issues with your legal case. And then another video about non-legal things that might affect why a lawyer might not take your case.

So let's start with the legal case. A good case has several elements. You got negligence, causation damages, and then solvency or coverage. So if the lawyer thinks that they're going to have a hard time proving that the defendant did anything wrong, they're not going to feel good about negligence or liability. If the lawyer feels like they can't prove what caused your injury, it doesn't matter that the other person did something wrong. If you can't prove what your injury is or what caused it, it is going to be a medical causation issue. The third thing is damages. Unfortunately, the lawyer has to make a business calculation about how much work and how much time and how much money it's going to be to fight a case. And if that outweighs the client's recovery, a lawyer might not be willing to take the case. 

And lastly, there's solvency, or how is the defendant going to pay for the case? Usually this is insurance, but sometimes the defendant doesn't have insurance in cases like dog bite cases or assault cases, cases that aren't a standard auto crash. Lots of times folks don't have insurance for that. So if the lawyer doesn't think there's any money out there, then they might not be willing to take the case, even if the case is a great case. So let's wrap on that that's session one for a while. Lawyer might not want to take my case, and those are the legal reasons. Again, in the second video, I'm going to discuss some of the non-legal reasons why a lawyer might not want to take your case, but anyways, that's it for now guys have a good one.