10 Reasons Why We Might Decline Your Case

You called in a panic. Your emotions are running high and your thoughts are scattered. You along with several passengers were injured when a negligent driver failed to stop at an intersection smashing into your vehicle. You want to know what your legal options are, and if you have a valid case to sue.

One of the first things we do here at the Law Offices of David W Holub is take the time to listen to your story. We want to know the details, the moments that preceded the accident, the conditions of the road, your surroundings, and any details you can give about the person who caused the accident. Your story helps us determine if you have a legitimate case and what needs to happen to move forward.

Even though we take the time to listen to every caller, unfortunately some stories don’t end the way the caller wishes and we have to say, “I’m sorry, you just don’t have a valid case.”

Why would we say such a thing? Why would we turn away a client who wants our help?

I’ll answer both those questions with this answer…

“The vast majority of cases we accept are done so on a contingency basis meaning we advance all costs necessary to pursue the case. And those costs, along with any additional fees will only be recovered in the event of a win on our part. The costs of handling injury cases can be quite high, so we do everything possible to evaluate the facts of the case and make a decision before committing significant resources. That decision of a Yes (We will take your case) or No (I’m sorry you don’t have a case) is usually made during that first phone call or initial meeting in our office.”

Are there other reasons why we might decline a case?

Yes, there are many … let me share some additional ones with you (in no particular order).

Here’s 10 Reasons Why We Might Decline Your Case

1) Liability – we need to determine who was liable and bears the responsibility for the accident.

2) Damages – we look at property damage, medical expenses, lost time from work, earning capacity, mental anguish and pain and suffering.

3) Resources of the Defendant – does the defendant have the proper resources to pay the claim, did they have proper insurance or was their insurance denied

4) Expense of the Case – every lawyer must look at the expense to risk ratio and determine if the case is worth taking on

5) Time Required – how much time is required, and will this one case prevent other cases from being handled properly

6) Issues Involved – how complex is the case, will other attorneys need to be brought in to help

7) Conflicts of Interest – attorneys must adhere to a strict set of ethical guidelines, taking a case that may violate those guidelines can cause an attorney to lose their license

8) Rapport – if there is poor rapport between the attorney and client they just won’t get along and it creates difficulties for both the longer the case goes on

9) Rejection – when other attorneys have rejected the case that may be a signal that there are perceived problems and red flags

10) Statute of Limitation – even if there is a good case, in most situations there is a time period to file and once that time has expired, the case will not go forward.

If you have been in any kind of a car accident caused by the negligence of someone else and were injured or sustained property damage in a car crash in Merrillville, Crown Point, Gary, Hammond, Highland, Portage, Valparaiso, Lake or Porter County, or any part of northwest Indiana, contact our firm for help. We put our experience and resources to work for car crash injury victims throughout northwest Indiana with one object in mind: to maximize your compensation.

Call our friendly attorneys at (219) 736-9700 today, we will listen to your story and let you know right away if your case has merit. We strive to represent each client aggressively and to obtain prompt and favorable results. We not only aggressively pursue our client’s best interests, but we remain accessible and attentive to our client’s needs.

*If you would like to learn more about personal injury law, we encourage you to listen to our Personal Injury Primer Podcast where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. And read “Fighting For Truth: A Trial Lawyer’s Insight Into What It Takes To Win”, an entertaining and enlightening book that pulls readers into the courtroom, giving them a glimpse of the legal process and what it takes to win at trial.


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