When a person or family experiences a tragic accident or serious injury at the hands of another company, entity, individual, or group of individuals, they often times seek legal counsel in order to pursue a personal injury claim. Many law firms that focus on personal injury claims will represent a case for free, initially, and only collect attorney fees if they win the settlement or recover compensation for their clients’ damages. In order for a personal injury lawyer to take on a person’s case, they must have a valid claim
that legally entitles them to remuneration.

If a victim of a personal injury has a claim that is not strong enough to win a settlement, a law firm may pass on representing them; however, if the client insists on pursuing their claim, a lawyer may do so for upfront, non-refundable fees. So what makes a case weak? And why do lawyers pass on certain cases and personal injury claims? There are several reasons why a personal injury law firm will deny a case and refuse to represent someone that has been seriously injured. Continue reading to find out why.

Personal Injury Claims

In order for a victim of a personal injury to successfully win a settlement for their damages, they must prove that they were injured as a result of another person’s negligence or carelessness; and at no fault of their own. There are several laws and stipulations that regulate these boundaries of negligence and fault, and lawyers are extensively well-versed in each of them. If they review a case that seems to have flaws or holes within it, they may not see value in representing the client because the case is weak.

For example, if a person is injured in a motor vehicle accident because the opposing driver failed to stop at a red light, they may have a valid case. A lawyer will assess whether or not the injured driver obeyed all traffic signals and laws; and if they did, they were injured as a result of direct negligence and is entitled to compensation for their damages. In this situation, a personal injury attorney would most likely accept this case and represent this client on a contingency fee basis, only collecting lawyer fees if they win a settlement.

In an opposing example, if a person was involved in a motor vehicle accident and suffered injuries, and there were clues that the injuries were the result of their own negligence, then a lawyer will deny representing their claim. If a driver rear-ended a person, and that person hit their head on the dashboard, suffering head injuries, then the accident and injuries were caused by the opposing driver; but, if the victim was not wearing a seat belt at the time of the accident, then the accident was still the opposing driver’s fault, but the victim’s injuries were a result of neglecting to wear a safety belt. Although this person may still be entitled to recompense for their damages, it is a weak case that may not pull through in a court of law.

Craven, Hoover, and Blazek P.C.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for reputable and experienced personal injury representation in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek offer free initial consultations for injured victims, and never collect lawyer fees unless they win your settlement and recover compensation for your damages. Call 317-881-2700 and speak with a knowledgeable and friendly legal representative today about your recent personal injury in Indianapolis, IN and its surrounding counties.