This is the next post in our series on issues which Fort Worth, Texas injury victims should consider when retaining an accident attorney. Our last article discussed the need to retain a lawyer who will actually litigate your case. Retaining a firm, which refers out cases which do not settle, can result in your having to deal with two different firms before the matter concludes. In this article we will discuss the need to retain a firm which is selective about which cases it takes. This will help to ensure that your matter proceeds in an orderly fashion.
There is a fact pattern which, unfortunately, occurs too often in personal injury cases. An attorney will agree to take a case and will immediately notify the insurance carrier of the representation. Counsel will then go back and forth with the insurer. If a settlement cannot be reached, or if the carrier attempts to deny liability, then counsel will send the victim notice that they do not feel there is a strong case going forward and will “drop” their client. This situation can leave a victim in need of new counsel, possibly pushing against the statute of limitations, and, worst of all, the victim may honestly feel they do not have a case and they may stop pursuing the matter altogether. Sadly, these situations may involve cases in which the Plaintiff does have a legitimate claim which simply needs to be litigated.
One of the reasons why the aforementioned fact pattern arises is that many firms employ a strategy of taking the case first and looking into the specifics of it afterwards. By retaining a firm that is selective about which cases it takes you help to ensure that you do not find yourself in such a situation. An office which screens its cases, and investigates the matter beforehand, will typically have a better idea of whether the matter is likely to settle and/or whether the case will need to be litigated. Such firms will often decline to take a matter if they do not feel the Plaintiff has a strong case; this saves the Plaintiff both time and aggravation.
If you have been injured in Fort Worth, Dallas, or elsewhere in Texas, then it is strongly suggested that you retain a firm which screens its cases in advance. In our opinion, it is always best to retain a firm which handles a limited number of cases, which employs attorneys who are Board Certified in Injury Law, and which also employs its own investigator.