What to do if a Lawyer Already Turned Down Your Case

Was your case rejected by another law firm? Call Rasansky Law Firm at (214) 651-6100 for a free 2nd opinion!

Many people have the idea that if one lawyer has already turned down their case, another lawyer will do the same. Fortunately for you, this just isn't true. There are some lawyers who only take cases that meet their specific criteria, but this does not mean you don’t have a good case. Not every lawyer agrees to take on every case a potential client offers, and there are many reasons for this; for example:

• Financial Considerations
  A lawyer is no different from any other service provider - namely that the lawyer needs to make money in order to remain in business and needs a certain amount of capitol in order for the business to run smoothly. This means that smaller law firms who take cases on contingency (personal injury, medical malpractice, etc) are going to be very selective about choosing cases since they put up 100% of the financial risk (remember that contingency-fee lawyers ONLY get paid if they win your case). Luckily, Rasansky Law Firm has the resources needed which many other firms simply cannot afford. Our firm also takes cases on contingency, but we are not restrained by this financial burden. Our attorneys are ready to take on the most complex of cases in order to help you seek the justice you deserve.

• Lack of Experience
  Many attorneys simply choose to focus on certain case-types and pass on the others. One big example is medical malpractice cases. If you have a potential medical malpractice case, you may have already discovered how difficult it is to find an attorney who will take on your case. Most attorneys in Texas stopped taking medical malpractice cases after Texas passed sweeping tort reform laws back in 2003. If your attorney does not focus on medical malpractice, they likely will not take on your case no matter how good it is. The laws have changed and the process to filing a medical malpractice lawsuit is a lot more complex. If your malpractice case has been denied by another attorney, CALL US!

What makes a strong case?

Contrary to popular belief, a reputable lawyer who works on contingency won’t attempt to fight a case that is not likely to be successful. Again, the financial risk is on the attorney. Just like any business, they have to make wise business decisions or risk going bankrupt. Three of the biggest factors in evaluating a potential case are as follows:

1. Amount of Damages (what you've lost in financial terms)
   The measure for damages is the selling point for a personal injury case. If there are no significant injuries or they are minor, the damages (and thus the potential financial compensation) will be minimal or nothing at all. Lawsuits are retroactive and only serve to reimburse you for your losses. If you have no significant injuries, a jury is not likely to award much for emotional distress, and is almost certainly not going to award punitive damages. This is why it is of vital importance that you seek medical attention following a personal injury accident, and keep a detailed account of any and all losses related to the incident (such as medical bills, time away from work, etc).

2. Statute of Limitations
   If the injury is beyond the statute of limitations, the client will be unable to even seek compensation for the injuries no matter how serious or egregious (although there are certain very-specific exceptions). In most cases of negligence, it is necessary for an injured party to file a claim with the court within two years (though this may vary by state). If your case is not filed with the court within the statute of limitations, there is very little a lawyer can do for you. To be honest, every single day you wait to get your case started is only making it harder to win. Even if it’s only been six months since the accident, it may now be impossible to secure the evidence needed to prove your case. Don’t wait another day – CALL US!

3. Issues of Fault or Liability
   If the defendant was not legally at fault, he or she is not obligated to pay you anything. It’s not as simple as the fact that someone suffered serious injury; the defendant must be liable for those injuries because he or she did something wrong. In most cases, this is pretty clear. A drunk driver who causes an accident is clearly in the wrong. A doctor who removes the wrong kidney is clearly in the wrong. But what about when a worker is injured due to a fall? To the layman, it may seem as if the accident was 100% the worker’s fault, but that’s because you’re not looking at the chain of liability. The employer may be responsible for a work injury caused by to a lack of training or supervision. A 3^rd-party may be liable due to a defective piece of equipment under product liability law. The property owner could also be held liable under premises liability law if the injury was caused by unsafe premises or a property defect. The fact of the matter, though, is that in order to succeed in a civil lawsuit, you must have a liable party. Even if you’re unsure of whom that would be, call us for a free consultation and we'll go over the facts of your case for no charge.

In conclusion.

The bottom line here is to make sure you obtain good advice and to never stop until you have answers for any questions you have. Never make the mistake of relying on one attorney’s opinion (or that of family or friends) because each case is different and each law firm is different.
If you or a loved one has been seriously injured, one of our experienced Dallas injury lawyers can help assess your case to determine the best course moving forward. We look forward to hearing from you!