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Why An Attorney May Not Take Your Case

Why An Attorney May Not Take Your Case

You have been injured by a medical professional. You believe your case to be airtight. You consult with an attorney only to find out they won’t take your case. Wait a minute. An attorney has to take your case, don’t they? The short answer to that question is, “no.” An attorney doesn’t have to take your case any more than you have to hire an attorney. There are several reasons why an attorney may choose to not represent you.

1. Failure to Prove an Element

For a successful medical malpractice claim, there are four elements that must be proven. One is that there was a doctor-patient relationship. The others are that there must have been a failure to perform according to the accepted standard of care, an injury must have occurred, and the injury must have been a direct result of negligence or error on the part of a medical professional. If even one of these elements cannot be proven, an attorney may decline to take your case.

2. Compensation

Many times, an insurance policy will kick in to cover your injuries. In some instances, this payout will be enough to cover your expenses. Because lawyers in these types of cases work on a contingency basis, it may not make financial sense for an attorney to take your case. If an attorney believes that you will not be compensated beyond the insurance settlement, that means you won’t receive enough money to pay for their time and effort.

3. The Client

In order to have a successful relationship, an attorney and client must respect and be honest with one another. If an attorney feels as though you are not offering full disclosure or that you will be extremely difficult to work with, they may choose to not represent you.

At the end of the day, an attorney is not required to represent any person who wishes to file a lawsuit. An attorney may choose who they want to represent in court. If an attorney advises you that they do not believe you have a case, you always have the option of consulting with another legal professional.

If you believe that you have been harmed by a medical professional in Charleston, you have rights. Call our office today for more information about seeking compensation. We will review the details of your case at no cost to you and advise you of your options. Call today or browse our website for more information about our firm and the types of cases we handle.

The contents of this Web site are for informational purposes regarding legal issues in South Carolina and are not intended to convey detailed legal advice on specific issues. Transmission of the information contained in this site or any sites linked hereto is not intended to create, and receipt does not constitute an attorney-client relationship. Our attorneys practice law only in jurisdictions we are properly authorized to do so and do not seek to represent anyone in any jurisdiction where this site does not comply with applicable laws and bar rules. The lawyers of the law firm of Christmas Injury Lawyers are licensed to practice law in the State of South Carolina. Readers should not act upon the information contained in this site without first seeking the advice of an attorney licensed to practice in your area.

Attorneys principally practice in Mt. Pleasant office, but we will meet you at the time and office most convenient to you. We will also come to your hospital room or home upon request.

The information given above are examples of actual cases with actual clients our law firm has handled in the past. The reviews listed on our website are endorsements and/or testimonials from actual clients. Any results our law firm may achieve on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.