Do I Have a Winnable Baltimore Personal Injury Case? [What If A Lawyer Told Me I Don’t Have A Case?]
It’s often unwelcome news, but the reality is, not everyone who has sustained personal injury has a viable legal claim. Accidents occur. If there is not an intentional or negligent act – or in a rare case strict liability- there may be no recovery, even where there is an undisputed injury. The existence of ‘viable legal calm’ probably matters not at all to the typical injury victim. What does, matter, most likely, is whether or not they are entitled to monetary compensation for their injury likely matters a great deal. It’s a tiered analysis. There must be a claim that can be raised- once called a “cause of action”. There must also be a remedy. In the context of personal injury- money damages. Aggressive personal injury and accident lawyers Attorney Eric T. Kirk in Baltimore MD will endeavor to ferret out any viable, cognizable legal claim on behalf of their clients, and seek recovery if that is the clients’ objective.
Baltimore Personal Injury Law 101: Why Would a Personal Injury Lawyer Decline a Case?
When someone is injured in a car accident or hurt due to someone else’s negligence, they often expect that hiring a personal injury lawyer is the natural next step — and it can be. I always recommend getting at least some guidance through a consultation. But sometimes, a lawyer may decline to take the case. While the downside might be such a conclusion be confusing or, surprisingly, even perceived as upsetting, there are significant positive aspects to keep in mind:
1] There are valid legal and strategic reasons behind the decision, preventing the client from expending time and effort on a claim that might not have a substantial payoff
2] Other personal injury attorneys may view the law and facts differently, and be inclined to accept the case.
The reasons a legitimately injured person may not have a case include:
- damages that do not justify the cost of litigation
- contribution to the cause of the accident, or
- an inability to prove liability.
As a Baltimore personal injury trial lawyer with more than 30 years of courtroom experience, I’ve reviewed thousands of cases. I have decided to take cases that other Baltimore injury or accident lawyers declined- and been successful in winning such cases.
“Just like in any other profession-opinions vary. I’ve recovered thousands of dollars in cases turned down by other lawyers.”
The opposite is also true. I’ve had to say “no” to some — not because I didn’t believe the person was injured or wronged, but because other factors made the case legally nonviable or economically unworkable.
Let me examine the typical reasons I would turn down a Baltimore MVA claim.
Baltimore Personal Injury Case Assessment: No Liability or Weak Liability
Maryland is one of only a handful of states that still follows the contributory negligence rule. That means if the injured person is even 1% at fault, they will be barred from any recovery at all. It’s a harsh and unforgiving standard — and if the facts of the case show that the potential client may have contributed to the accident, even slightly, that can make the case a non-starter from inception. A lawyer must weigh whether they can establish clear fault on the part of the other party. If liability is weak or questionable, or can be defeated by contributory negligence, the case becomes difficult — not just to win, but to even survive summary judgment.
Baltimore Personal Lawyer Analysis: Lack of Damages
A valid claim requires proof of actual harm. Even when fault is clear, if the injury was minor, didn’t require medical treatment, or didn’t result in wage loss or pain and suffering that can be shown, a lawyer may decline the case because the damages are too low.
Why? Most personal injury lawyers, myself included, cover upfront costs like medical records, expert witnesses, and filing fees. If a case can’t reasonably support those expenses, it’s not in the client’s or the firm’s best interest to proceed.
Baltimore MVA considerations: Statute of Limitations or Procedural Issues
In Maryland, the statute of limitations for most personal injury cases is three years. If someone waits too long to contact a lawyer, that time may have expired. In other situations, a case may have already been dismissed, or was filed improperly, making it risky or impossible to salvage.
At the end of the day, a lawyer’s decision to decline a case is never personal. It’s about ensuring the client’s time — and the firm’s resources — are used where they can do the most good. If I don’t take a case, it’s because I don’t believe I can achieve a successful outcome under the law, or that the risks of no or minimal recovery outweigh the prospects of success — and that’s something I’ll always be upfront about. But, the opinion of one lawyer on questions or proof, or opinions based on a cost analysis, may not necessarily be shared but other other lawyers. I can certainly say this. No case is perfect. Every claim has its weaknesses. I’ve never seen a bulletproof defense either. The best guidance I can offer is that an injured person seeking recovery sit down and discuss the facts with an experienced personal injury attorney.
I have been evaluating cases for more than 30 years I’ve handled thousands of cases in that time. I invite all potential clients to participate in a no-cost analysis and strategy conference. Contact me today to arrange a time to meet. 410 591 2835, or simply complete the form at the bottom of the page.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
- Legal Analysis & Case Studies
- Baltimore Insurance Claims Denial Lawyer
For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
