Soft tissue damage after car accident
Why won’t most attorneys take your soft tissue injury case?
- Friday, 31 January 2020
- Written by John Riddle
You’re involved in a car accident and you’ve suffered what’s known as "soft tissue injuries" (or "soft tissue damage") and now you want to know: why won’t most attorneys take your soft tissue injury case?
You want to learn the answer? Come join me as I share with you this great information.
Hi. I’m William Hill. I’m a New York car accident attorney practicing law here - in the state of New York.
Soft Tissue Injuries Car Accident
Now, you should know that a really good, experienced trial attorney is going to spend the same time and energy, and resources to prosecute a case regardless of whether you have minimal injuries or very significant injuries.
So, why won’t most good attorneys take a soft tissue injury case? Well, there are a number of key reasons.
The first reason is that chances are you’re going to get dismissed before you even get into the door, get into the courthouse steps. Now, what do I mean by that? There are certain requirements when you’re involved in a car accident to show that you have suffered a type of physical injury, a type of serious injury.
And if you simply have soft tissue injuries after car accident, known as bruises, that are going to go away after a period of time. Than in all likelihood an attorney is not going to take that. Because the law is going to kick out your case and you’re never going to get into court.
That’s designed to keep the small, minimal cases away. Does that mean that the driver wasn’t careless? No, that doesn’t mean that at all. It simply means that your injuries do not rise to the certain level that’s required in order to show you have a serious injury according to the law.
Now, what if you break your leg? Well, according to the law, that does constitute a serious injury and most attorneys will take on a case like that. But if you simply have bruises and strains, and sprains, in all likelihood, you’re going to find an attorney is not going to take that.
In addition, you’ll find that most attorneys when they go ahead and accept the case in New York, since they are now working on what’s known as a "contingency basis", - they don’t get paid unless you are successful.
Soft Tissue Damage After Car Accident
What will happen is if they know at the outset that they’re going to have to lay out all this money to go ahead and prosecute the case (that’s known as case expenses or disbursements) and now they know at the very beginning that the likelihood of them getting you compensation is going to be very small or minimal, in all likelihood they are going to turn around and say “Listen, my investment to participate and prosecute your case is going to be more than what I’m ultimately going to be able to accomplish and receive as an attorney’s fee, then I
cannot take on that case.”
So instead, they look to see what is my investment here? Because remember, every attorney who accepts a case – an accident case – they recognize that. This is an investment. And now they have to evaluate what is the risk assessment to go ahead and go forward with your case. That’s why it’s critical for the attorney to determine liability. Who’s at fault here? Who’s responsible? And then they also want to look at what are the damages here? What are the injuries that you suffered as a direct result of someone’s carelessness?
Even if you think you have a great case, there’s still the possibility if your case goes to trial that a jury is going to turn you away without money or without as much money as you think that you’re entitled to.
So, why do I share this great information with you? I share it with you to give you an insight and an understanding into what goes on when evaluating a car accident case here in the state of New York. You know, I realize you’re reading this because you have questions or concerns about your own particular matter. Well, if your matter did happen in the state of New York and you do have legal questions, what I encourage you to do is pick up the phone and call me. I’d love to talk to you. You can reach me by email.