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Indianapolis Personal Injury Lawyers

Why Would a Personal Injury Lawyer Decline My Case?

Posted Jul 05, 2020 by Matt Boulton

You do a search for the best personal injury lawyer near you. You explain to them the details of your accident. You are ready to put your name on the dotted line and have their firm represent you.

But instead of having you sign a retainer agreement, the attorney says, “Honestly, I don’t think you need to hire me for your personal injury claim.” What?!

It may surprise people to learn that personal injury lawyers do not accept the case of every person who contacts them, as many injured Hoosiers assume that their car accident or slip and fall automatically requires the help of an attorney.

In reality, Boulton Law Group may respectfully decline representation for a number of reasons if we believe it to be in the accident victim’s best interest.

Reasons Boulton Law Group May Decline Your Case

In most cases, attorney Boulton is able to determine whether or not he can accept your case during the initial consultation.

He will quickly be able to analyze a number of facts to help determine whether or not it would benefit you to hire the firm, such as:

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Who was at fault?

The first step in determining whether or not you need a personal injury attorney is to fully understand the liability of a potential claim.

If liability cannot be established, or it is found that you share the majority of fault, it is unlikely that Boulton Law Group can accept your case.

For example, a common reason for contested liability is the absence of an Indiana police report and/or no witnesses to the incident.

However, it is also important to realize that Indiana’s liability laws can also vary depending on the type of accident and potential defendants, such as:

  • If you were injured in a car accident and an investigation finds that you are 40% at fault, you can still be compensated for your injuries. If it is determined that you are more than 50% at fault, Indiana law prohibits you from filing a lawsuit.
  • If you are a slip and fall victim that was injured on a government-owned property, Indiana’s tort claim laws shorten the time you have to file a claim and can make overcoming liability much more difficult.

Attorney Boulton can help you establish liability by determining which laws apply to your potential claim. If he believes the factors involved are not in your favor, he will advise you of this during or shortly after your consultation.

Minor injuries and/or no medical care

Once it is determined that you have no (or minimal) liability for the accident, the next step is to analyze the severity of your injuries and the corresponding medical treatment.

The dollar value of your personal injury claim will ultimately be tied to the seriousness of your injuries, the related medical bills, and the pain and suffering your accident has caused you. Of course, the more serious the injuries, the higher the likelihood of your claim having a significant value.

Does this mean that Boulton Law Group does not help people with minor injuries because it is not worth our time? Absolutely not.

Instead, attorney Boulton must determine if he is able to recover an amount for you minus the firm’s legal fees that is more than you could receive on your own.

With this in mind, we never want anyone with a minor injury to believe that they do not have a case. Hoosiers with minor injuries can still be compensated, however, these claims are likely to be much easier to settle with the insurance company.

And no matter the severity of your injuries, if you do not seek medical treatment or follow your doctor’s recommendations, having an attorney will do nothing to help your case. Without medical documentation to prove your injuries, the insurance company will not compensate you.

Put simply, we want Indiana’s accident victims to receive the largest compensation possible for their injuries, with or without an attorney!

No insurance policy exists

It is unfortunate, but we do consult with injured victims who have no fault for an incident, yet there is no insurance policy to pursue for compensation.

That said, there are also times when it may appear no insurance policy exists, however, an independent investigation by attorney Boulton reveals an applicable recovery source.

For example, Boulton Law Group has helped to locate insurance policies for the following types of cases:

  • A client was injured on a rental property where it was initially believed the occupant did not have renter’s insurance, however, attorney Boulton was able to locate an applicable umbrella policy under the landlord’s name.

While it initially looked to be a case with no insurance, we were actually able to pursue compensation for our client.

  • A client suffered traumatic injuries as a passenger in a vehicle driven by their friend. It was assumed by the victim that their friend owned the vehicle and did not have a personal policy.

Additional investigation by attorney Boulton revealed that the car was actually owned by the driver’s grandparents and was indeed insured.

These investigation examples proved positive for our clients, however, without an appropriate insurance policy to pursue, Boulton Law Group may not be able to accept your case.

Unrealistic expectations

On rare occasion, attorney Boulton speaks with victims who disagree with his overall assessment of their case. Sometimes it concerns the value of the case, and other times a victim may believe the case should settle quicker than is possible.

Attorney Boulton is widely known for his honest and friendly approach to personal injury law, and if he believes a client has unrealistic expectations, he will not agree with them simply to sign up a case. His first priority is always to help accident victims and their families, even if that means sometimes telling them things they may not wish to hear.

Similarly, Boulton Law Group may also be more reluctant to accept a person’s case if it has been rejected or dismissed by other law firms. In many instances, this may be due to a victim with unrealistic expectations or liability concerns.

No amount of money can make up for a life-changing accident and injury, however, attorney Boulton and his staff aim to deliver an exceptional experience to every caller, even if we believe it is in their best interest to decline the case.

Do you need to hire a personal injury lawyer?

No one appreciates being led on a wild goose chase. With this in mind, we always do our best to size up the potential of a case as quickly as possible.

For over 20 years, attorney Matt Boulton has counseled injured Hoosiers and families on whether or not he believes their case would benefit from hiring an Indiana personal injury lawyer.

Matt founded the Boulton Law Group to provide victims with a different choice in law firms. Boulton Law Group is known by its clients and peers as a firm that offers ethical, award-winning, and friendly legal help.

And unlike some firms that take in as many cases as possible, Boulton Law Group is dedicated to providing an honest evaluation of your potential claim and ensuring that you are not just another file on our desk. If it is believed you do not have a case, you can settle the claim easily on your own, or we are not the right firm for your particular situation, we will tell you this upfront.

Additionally, victims are sometimes worried that they may not be able to afford a top-rated attorney. Boulton Law Group’s Zero Fee Guarantee erases those fears. In fact, it helps to make your entire experience with us risk-free.

If you would like to know whether or not your case would benefit by hiring Boulton Law Group, call Matt direct at 317-350-2680.

Are you more comfortable writing vs talking? No problem!

You can send us the details of your case by using our confidential contact form for a free case analysis. Matt personally reviews every contact that comes to us through our website.

We look forward to hearing your story and going to work for you!

Matt Boulton

Author Matt Boulton

Attorney Matt Boulton is an award-winning personal injury attorney with more than 25 years of experience helping seriously injured people throughout Indiana. He designed his firm for the client who expects exceptional service and passionate, successful legal representation.

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