Many people injured in San Diego car accidents become frustrated because they cannot understand why a personal injury lawyer in San Diego will not take their case. While this frustration is understandable, there are a wide range of reasons that a San Diego personal injury attorney may not choose to handle a personal injury claim that otherwise appears viable.
One of the most important considerations by a San Diego personal injury attorney involves the availability of insurance to pay a judgment or settlement. A law firm may still turn down an auto accident case where you suffer serious injury and the “fault” of the other driver seems clear if there is no available insurance.
An experienced personal injury attorney will exhaust every possibility for satisfying a judgment, which may include:
- Car owners
- Governmental entities that build and maintain roads
- Vehicle manufacturers
- Employers of negligent driver engaged in scope of employment
- Injury victim’s own UM/UIM coverage
- Uninsured drivers with assets like a residence
Even when there is insurance coverage available, there are other reasons that you may have difficulty finding a personal injury attorney to take your case. The cost of litigating a personal injury lawsuit may easily be tens or even hundreds of thousands of dollars so the potential damages in the case must justify the financial investment in litigating the personal injury claim.
If the collision results in only minor soft tissue damages, the cost of litigation may make it impractical to pursue a personal injury claim. By contrast, the amount of damages for broken bones, internal organ damage, traumatic brain injuries, spinal injuries and other serious injuries will increase the value of a personal injury case.
Another important factor of consideration involves the interaction between the potential damage amount and the degree of dispute regarding liability. There is an inverse relationship between the amount of damages and the degree of certainty of fault required for a San Diego personal injury law firm to take a case. If liability is clear, the amount of damages needed to justify accepting a legal claim is much lower than if the question of fault is likely to be intensely disputed.
At Thorsnes Bartolotta McGuire, we understand the frustration of injury victims that struggle to find a San Diego personal injury law firm. We offer a free initial consultation so that we can evaluate these factors and others to determine if we can represent you. This free consultation provides an opportunity for us to explain your options so call us today at (619) 821-5648 or complete our case evaluation form.