How does a law firm decide to take on or deny a case? Follow these basic guidelines to see what determines what kind of cases a law firm will take. Get the facts. Stop guessing. Know your rights.

1. WHAT DETERMINES A CASE YOUR
LAW FIRM TAKES AND DOESN’T
TAKE?
GET THE RIGHT INFORMATION FROM THE
RIGHT LAW FIRM.

2. 3 KEY FACTORS IN DECIDING HOW A
LAW FIRM TAKES A CASE.
An attorney will consider many factors in deciding whether
or not to “take” a case. Essentially, a plaintiff has the burden
to prove a few basic elements to possibly prevail on a
personal injury case. Legally, this amounts to duty, breach,
causation, and damages.
1. Duty & Breach.
2. Causation.
3. Damages

3. DUTY & BREACH.
Did the alleged defendant owe a duty of care to the injured
person? A motorist owes a duty to operate their car so to avoid
a collision.
However, a motorist can cause a collision without breaching
their duty of care. For example, a motorist that crashes because
they had a sudden heart attack will not have necessarily
breached their duty of care to other motorists, bicyclists, or
pedestrians.
For a motorist to breach their duty of care, they usually have to
have operated their vehicle negligently. They cause a collision
by failing to yield when turning, blowing a red light, or driving
too fast for conditions or following too closely, etc.
Did a homeowner or property owner to be negligent, they
generally have to know of but ignore a dangerous condition,
such as failing to remedy or warn about the condition.

4. CAUSATION.
Did the defendant’s negligence cause the accident or
collision at issue?
Did the defendant’s negligence cause the plaintiff’s injuries.
A plaintiff needs to prove both of these elements.
For example, the defendant admits their negligence caused
them to rear end the plaintiff but they deny the impact was
severe enough to have caused any injuries.

5. DAMAGES.
Are the plaintiff’s injuries consistent with the type of accident
they claim caused their injuries.
In other words, is there a “mechanism of injury” for their
injuries, given their accident?
This may be common knowledge, or it may require the
opinion of an expert, be it a medical expert, bio-mechanical
engineer, accident re-constructionist, etc.

6. WHEN EVALUATING THESE FACTORS, THE PERSONAL
INJURY ATTORNEY WILL LOOK AT OTHER MITIGATING
FACTORS AS WELL.
Is there a single defendant or possible multiple defendants.
If there are witnesses, do they agree as to who is at fault?
Was the plaintiff comparatively at fault such that they arguably contributed to the accident or their injuries?
For example, front seat car passenger hits the windshield because they weren’t wearing a seatbelt, or a
motorcyclist fractures his skull because he didn’t wear a helmet. Does the client have a prior medical history
and/or pre-existing conditions that may complicate causation and/or apportionment of any injuries and
treatment to something other than the subject accident?
Can the attorney tell if there will be sufficient insurance “coverage?”
For example, the client’s injuries are such that their claim is worth six or seven figures but the attorney can tell
that the defendant only has a $15,000 insurance policy and the client has no UIM , or has minimal UIM coverage.
If the defendant has no insurance,
does the plaintiff has sufficient insurance that might still cover the injury claim?
Will the case be expert intensive?
A defective products case (eg: seatbelt, airbag, etc) and/or a medical malpractice claim often requires multiple
experts, often from out of state.
Costs can run six and seven figures. In such cases, the attorney needs to assess whether or not the client’s
potential damages warrant such expenses and risks.
How credible is the injured party, and the defendant for that matter. Let’s face it, a church going hard working
individual will presumptively be more credible than a career criminal.

7. WHEN WEIGHING ALL OF THESE
FACTORS
When weighing all of these factors, sometimes the attorney just
follows his/her instinct. I’ve taken many small and/or difficult
cases because I believe the plaintiff was a good person, wasn’t
equipped to deal with things themselves, and needed a
champion.
Even if we decide we can’t help you, we are almost always
willing to talk to you about your case. I’ve experienced many
instances where someone whose case I didn’t take in the past,
calls me again in the future with a case I can help them with,
something that would not likely have happened had I not spoken
to them about the case I didn’t take.
If you’re not sure whether you have a case worth pursuing, call
us at 602-484-4800 to schedule a FREE NO OBLIGATION Case
Evaluation from a Phoenix Personal Injury Lawyer.