Why won’t a wrongful death lawyer take my case?
Wrongful Death Lawyer Houston, TX
At John K. Zaid & Associates, a wrongful death lawyer Houston, TX trusts, we frequently receive calls by people who want to know why a wrongful death lawyer, or personal injury lawyer, won’t take their case. Often, they are frustrated and unable to get answers other than a generic response, such as, “Sorry, we are unable to help you, please call another wrongful death lawyer”.
Why a Lawyer Gives You A Generic Response
A generic answer is given because all lawyers have different guidelines for the types of cases they are willing to handle. Sometimes, a wrongful death lawyer serving Houston, TX does not have sufficient resources to take on claims that are a low value, and others are only looking for claims that are associated with large companies. Thus, just because you might have been turned down, doesn’t mean you don’t have a case. Even if you have been rejected several times, you should keep looking for a wrongful death lawyer in Houston, TX. If you’re still unable to find a firm who will take on your case, the following might help you to understand why.
Reward Versus Risk
Wrongful death cases are generally handled on contingency. This means the firm will invest it’s own money into the case. If they lose, they lose their money. Therefore, when determining whether or not to work on a case, the lawyer will anticipate the amount of time and money that will be needed to fight it. A case with a high anticipated reward might be worth the risk; whereas a low reward, might not be worth the case.
Liability Is Not Clear
To recover damages in a wrongful death case, you must show liability. If this cannot be clearly demonstrated, the likelihood of recovering a fair settlement is reduced.
How Complex the Case Might Be
The more complicated a case is, the more time will be needed to put into it. Furthermore, if multiple expert witnesses and other resources will be required, the more money the firm will have to spend on the case. For example, a nursing home malpractice case might cost $250,000 or more to build and take to arbitration or trial by jury. If the settlement amount does not warrant such a large expense, a wrongful death lawyer for Houston, TX might not take it on their caseload.
You Are in the Middle of Bankruptcy
With some types of bankruptcy, every single one of your assets, belong to the bankruptcy estate, and not you. This includes your claim. You and your Houston, TX wrongful death lawyer would need to get permission from the court to file a claim, and this costs a lot of time and money. Any money that you receive could go to the creditors; therefore could result in a very negative outcome.
You Are on Medicaid or Medicare
Whenever your medical bills are covered by Medicaid or Medicare, these agencies get a reduced rate. What you can recover, and expect, will be lower. You will also need to reimburse the agency, and set aside time and money for any prospective medical costs.
Limits on an Insurance Policy
No matter how someone died, the case value may be limited by the total amount of coverage stated in the insurance policy. If there is not sufficient insurance coverage, the chances of a lawyer taking the case is low.
- Damage caps
- Tort reforms
- Location of the death
- Whether a government entity is involved
- Sovereign immunity
- Unrealistic expectations on part of the client
- There is no credibility in the case
- There were pre existing conditions
- The statute of limitations passed
Get a Free Case Review Now
No matter how many times you might have been turned down, we would like to listen to your story and let you know if we might be able to handle your claim. Call a wrongful death lawyer Houston, TX relies on at John K. Zaid & Associates now.