Most people believe from the commercials they see that if they are involved in a car wreck, they just call and everything else will be taken care of. Well that is not always the case. Sometimes after calling a couple of attorneys, the injured person will realize that no one wants to help or take on their case. Usually if no one wants to take on your case it is because of one of three reasons.
1. You already have an attorney. While some attorneys do not care if you currently have an attorney, most will not speak with you. The reason is they do not wish to be in a lawsuit themselves for tortious interfereance with contract. Or most will advise that after you terminate your existing client they will discuss your case in detail.
2. Liability- Some attorneys will not take on cases with what is called comparative negligence. This means that you are partially liable for the car wreck. The reasons for this is if your case is taken to a jury and the jury feels you have half of the blame or more you will not recover and will be responsible for you own damages. When an attorney takes on a matter on a contingency fee basis, the attorney is agreeing to pay all expenses up front with the expectation of being reimbursed if successful. As such if there is a chance the attorney will not be successful they will not take on the case.
Along with liability is no insurance, if the at fault party does not have auto insurance and you do not have uninsured/underinsured motorist coverage, will make it very difficult to collect on any judgment you may receive in any claim you pursue.
3. Damages- Some attorneys will not take on cases with low damages. If you are injured and do not go see a doctor, or have big gaps in treatment, often times an attorney will refuse to take this type of case. Once again in taking on a claim on a contingency fee basis the attorney is offering legal services that the individual would not be able to afford if they were to attempt to pay on an hourly rate.
As such if the injured person is not hurt, and has low damages, it is not in the potential client’s interest for an attorney to take on this type of matter as the fees of the attorney will often cut into any compensation that may be afforded for very little pain and suffering.
These are the the three main reasons that attorneys refuse to help you with your car accident. Please note these three reasons are based upon calls to our office.
Ty Wilson is a Savannah personal injury attorney with offices in Savannah and Atlanta. Call and order your free book on Georgia car wrecks. Call 912-508-4711 in Savannah or 70-948-5454 in Atlanta.