What Do You Do if an Attorney Says You Do Not Have a Case?

yes and no check boxes on paperOne of the last things an injury victim wants to hear an attorney say is that there is no case. Injury victims need compensation for medical expenses and other damages. If an attorney tells them they do not have a case, they may think they cannot pursue the compensation they need.

However, sometimes attorneys are wrong in their assessment of the merits of a claim. That is why it is vital for injury victims to know what their options may be if an attorney says there is no case.

If you were injured in an accident or you have met with an attorney who decided not to take your case, TSR Injury Law may be able to help. Give us a call today to learn more. We have been helping injury victims for decades and have obtained millions on behalf of our clients.

Why Do Attorneys Decide Not to Take Cases?

There are many reasons why an attorney may decide not to take a case. Regardless of the reason, it is important to know you may still have a valid case even if an attorney decides not to represent you.

Lack of Experience

Sometimes an attorney refuses to take a case because he or she does not have much experience with similar cases. For example, an attorney may not want to take a case if he or she rarely handles personal injury cases.

Typically, attorneys do not want to take cases unless they feel confident that they can win them. If they do not have much experience with a case like yours, they are less likely to feel confident they can win the case.

However, if an attorney refuses to take your case for this reason, he or she may refer you to another attorney who is more qualified to handle cases like yours.

It is important to seek out a Bloomington personal injury attorney if you have a personal injury case. This is true no matter how successful an attorney may be with other types of cases. An attorney will not be able to provide the same level of representation for a personal injury case if he or she has never worked on an injury case before. For example, bankruptcy or divorce cases are quite different from personal injury cases.

The Case is Not Winnable

An attorney is unlikely to take a case if he or she thinks it is unwinnable. Attorneys invest a lot of time and resources into a case, and that will all be wasted if he or she loses.

TSR, like most personal injury firms, takes cases on contingency, which means no upfront fees for the client. Instead, the firm takes care of those costs. If they win the case, a portion of the compensation is used to pay for the attorney fees and other costs.

There are various reasons why an attorney may think your case is not winnable. For example, he or she may not think another party is at fault for your injuries. Sometimes a firm may simply not have the resources or finances to pursue your case. In other situations, a case may be too small for a firm to agree to take on. Even though you suffered damages, they may be minimal. If you also bear a significant amount of fault for the accident, it limits the amount of compensation you can recover.

The Statute of Limitations Has Passed

If the statute of limitations for your case has passed, you will not be able to file a lawsuit. If you attempt to file a lawsuit after that deadline has passed, the opposing party will file a motion to have your case dismissed.

Sometimes an attorney may decide not to take a case because the statute of limitations is too close. Many attorneys may not take a case that is only weeks or months away from that deadline, because there is not enough time to investigate and gather evidence.

What Should You Do if an Attorney Rejects Your Case?

Even if one attorney rejects your case, another may want to take it on. That is why many injury victims talk to multiple attorneys about their cases.

Sometimes one attorney’s assessment of a case is vastly different from another attorney’s assessment of a case. This could be because one attorney has different experience than another. While one attorney may reject your case, another may want to take it on because he or she has worked on cases like yours before and had success.

Occasionally, attorneys may be able to request an extension of the statute of limitations on a case. If one attorney says the statute of limitations is too close, another may still be able to help you.

One attorney may say your injuries are not that serious, but that may be because he or she has not worked on a case involving the types of injuries you have suffered. Another attorney may recognize how significant your injuries are and the damages that may result.

Contact TSR Injury Law for Legal Assistance

Are you searching for an attorney after getting injured in an accident?

Our attorneys have vast experience with personal injury cases and have secured millions in compensation to help our clients move forward after an injury.

Schedule your free consultation today to learn more. We do not charge upfront fees for our services.

Contact us today for legal help. (612) TSR-TIME

What Happens at a Deposition in a Personal Injury Case?

meeting in a lawyer's officeMost personal injury claims do not end up at trial. There is usually a settlement with an insurance company that occurs with simple negotiation. However, sometimes filing a lawsuit may be the best way to pursue maximum compensation and force the insurance company to properly evaluate a claim.

Even though a lawsuit may have been filed, the case still usually settles. Only 10 percent of filed cases actually get tried to a jury. There are many steps before a trial takes place, and a settlement could be reached at any point. One of those steps may be a deposition, where you and others are questioned about the facts and details of the case.

The experienced Minneapolis personal injury attorneys at TSR Injury Law discuss personal injury depositions, including the topics that are likely to be discussed, the implications of a deposition and how you can prepare yourself. If you are seeking compensation for an injury caused by another’s negligence, give us a call today. The initial consultation is free.

What is a Deposition?

When a lawsuit is filed, one of the pre-trial steps is discovery. This is the point where each side investigates the other side’s claims and defenses they plan to use at trial. The discovery process often involves depositions with the relevant parties and witnesses.

In depositions, the attorney(s) for the other party, often an insurance company, will ask you a variety of questions about what happened, and the claims made in the lawsuit.

Typically, people will be deposed in a conference room or an attorney’s office. Zoom is often used now with the Covid concern.  The attorney questioning you or anyone else who is being deposed will probably be polite and friendly. The attorney’s goal is to get you reveal as much information as possible. This helps him or her to determine the strengths and weaknesses of a case and devise a strategy to use at trial.

There is only one deposition at a time, which means you will not be questioned at the same time as anyone else.

It is important to note a court reporter will be present to record what is said. You are required to participate in a deposition and the things you say will be used at trial. For example, your statements from a deposition may be brought up if they conflict with things you say at trial.

The defendant in the lawsuit does not need a subpoena to request a deposition, they simply need to provide notice.

What Should You Expect at a Deposition?

It is important to note TV and movies do a lot to dramatize depositions and other legal proceedings. In truth, depositions rarely look the way they do on TV, with a lot of shouting and finger pointing. As stated previously, the attorney questioning you wants you to reveal a lot of information. It is in his or her best interest to be nice.

Typically, there are certain kinds of information discussed in a deposition:

Personal Information

You will be asked to state your name, contact information, job and other details about your background. This will likely be done first, before you are asked about other things relevant to the case.

Your Physical Condition Before the Accident

One of the most important issues to be addressed by your lawsuit is how your physical health has changed since the accident. That means the attorney for the other party will need to assess what your health was like before the accident.

If you injured your left leg, the attorney may ask if you previously suffered any injuries to your left leg. He or she is probably looking for some reason to claim your injury is related to a situation that happened before the accident.

Discussing your condition in detail can be very important if you are claiming a brain injury or some other injury that is not visible to the naked eye, such as a concussion, soft-tissue injury or mental health issue.

What Happened in the Accident?

You may be asked numerous questions about the circumstances of your injury, including questions about:

  • How it happened
  • How you reacted
  • The weather
  • Witnesses
  • What you said after the accident
  • Your mental state

It is important to work with your attorney to thoroughly prepare for these questions so you can present a clear picture of what happened. You want to avoid omitting important information or making contradictory statements, which could damage your credibility.

Your New Injury

You will also be asked about your diagnosis, how your injury has been treated, follow-up care, how you have been following your doctor’s orders and how the injury has affected you emotionally and financially. This is an important step as you can provide strong evidence of the value of your medical expenses and other damages related to your injuries.

Tips on Answering Questions at a Deposition

It is important to work with a licensed attorney to prepare for a deposition. He or she can help you prepare what to say and how to say it to help protect the value of your claim.  Preparing for the deposition is almost as important as the actual deposition.  TST Injury Law attorneys have done thousands of depositions and our experience can cover every possible scenario that may occur.

Here are some general best practices to adhere to in a deposition:

State the Facts

It is best not to go off on a tangent and get into your opinion of things. It is better to answer the question being asked in as straightforward a manner as possible. Stick to the facts and do not provide extra information you were not asked for.

Take Your Time

There is no need to rush your answers. Wait for the attorney to finish asking the question before answering. Stay calm, stick to the facts and ask for clarification if you are uncertain of what you are being asked.

Be on Time

Showing up well-groomed and on time is always important. It is best to avoid making small talk before the questioning begins.

Call TSR Injury Law Today for a Free Consultation

If you have questions about your claim, the attorneys are TSR Injury Law are standing by to help you. We understanding this is a difficult time for you. We have helped many injury victims over more than two decades.

Our firm has a proven track record of success, having recovered over a billion in compensation on behalf of our clients. There are no upfront fees for our services, and we are not paid unless you get paid.

TSR Injury Law. Millions Recovered. Call (612) TSR-TIME for assistance.