If you're looking to hire a personal injury attorney, you're also likely wondering what exactly makes a lawyer decide whether or not to take on a particular case. Thinking like an attorney can help you to understand the process, so let's explore the general issues that one will look at before agreeing to work with a client.
Their Specialty
While plenty of professionals tackle general types of injury cases, some prefer to specialize. The most common specialty in the industry is that of the auto accident attorney, but you'll also see lawyers who take on a range of cases. Medical malpractice, product liability, and even defamation are all considered unique subsets of injury law. If your case is a good fit for the field they specialize in, there's a better chance an attorney will give it a go.
Standing to Sue
Standing before the court is a legal concept that outlines whether a person has the right to pursue legal action in a case. For example, the spouse of a person who has been permanently disabled by an injury is likely to have standing to sue for their own suffering. This means they can personally pursue damages. Conversely, adult children would be less likely to have such standing, although they may still be able to sue on behalf of a severely mentally incapacitated parent.
Generally speaking, the closer a person is to the victim, the more likely it is that they'll have legal standing. Being the actual victim obviously gives you standing so long as you can prove you were harmed.
Provable Harm
A big concern in advancing a case is demonstrating that real harm occurred. Someone involved in a slip-and-fall incident isn't going to have a case if all they ended up with are a few bruises.
Each state has its own rules on what constitutes a serious injury. For example, Florida's no-fault auto insurance system defines a serious injury as one that leads to the loss of physical functions, scarring, disfigurement, or death. Otherwise, an injured party has to accept a capped payout through the PIP portion of their own insurance.
Responsibility
In addition to harm, there has to be proof that someone can be held responsible. The classic law school example is a retail store that fails to clear ice from its entryway. A reasonable person would expect a store's staff to treat any ice at the location.
