The Law Office Of David W. HolubThe Law Office Of David W. Holub

The Law Office Of David W. HolubThe Law Office Of David W. Holub

Why Would An Attorney Decline Your Case?

You were hurt in a low speed automobile accident which resulted in minor injuries that quickly healed. Do you a need a lawyer to represent you? The answer is, it depends. You see in some cases, believe it or not, it might be more beneficial to represent yourself than hire a lawyer.

You might be scratching your head wondering why an Indiana Personal Injury Lawyer is saying such a thing, telling people they might be better off financially representing themselves. But I want to be clear and upfront with you and tell you that sometimes getting all fired up to file a lawsuit, where the consequence of a crash is trivial, does not always make financial sense. And when it comes to small claims involving minor injuries yes, it may indeed be more advantageous to defend yourself.

In a small injury case where an attorney is representing a victim, the awards are typically small and after deductions for attorney’s fees and costs and associated medical bills costs there may be little to nothing left for the victim from the settlement. If you have big expectation, that kind of result might not seem fair to you. And honestly put yourself in the position of a person on a jury, what would you award if a person had very minor injuries and got better right away?  So in a small case where there is no legal justification to demand more than a small settlement, an attorney might decline a case, even though the other party is clearly at fault.

What are the types of cases lawyers might decline, the ones where it may be cost prohibitive to bring in a lawyer?

Here’s just a few to give you an idea…

1) Low speed vehicle impacts with little or no damage and a trivial injury

2) When a long delay occurs between the collision and medical treatment

3) When medical expenses and out of pocket losses amount to less than $2000

4) When claimants have recently made similar claims.

The simple fact is that insurance companies look for all kinds of reasons to not pay a claim or reduce the settlement to the lowest point possible. It seems that some companies pride themselves on low-balling claims. Insurance companies know the numbers, they’ve calculated the risks and they know when it is not beneficial financially to hire an attorney. So if you’ve been injured and you’ve tried to reach out for legal representation and were told your case was too small, now you know why.

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