ABRAMS LANDAU, Ltd. does not take every single brain injury case that calls. Why ?
Posted by: Doug in Auto Accidents, Bicycle Accidents, Children's Claims, Negligence Cases, brain injury, preparing for CourtNot every accident is actionable. In other words, even where there are terrible injuries, not every accident should give rise to a lawsuit. Not every accident is someone else’s fault. If we investigate a brain injury claim and find that there is no provable liability. In other words, if, after reviewing the evidence, speaking with the experts and discussions with the client and family, it is determined that a good faith cause of action does not exist, we will not proceed. To do so often brings pain to the injured person, their family and takes away time they could better use getting better or doing other, more positive things.
Likewise, if the cause of the injury cannot be proven to within the required, “reasonable degree of medical certainty,” we may decline to take the case to trial. At ABRAMS LANDAU, we take cases that we are willing to try. That means to spend the time, effort, money and resources to try the case to a jury verdict. Many firms will take a case, cause people’s hopes to become unrealistic, and never really expect to try the matter to a jury verdict. A number of large, advertising firms, take cases in the hopes of a quick and easy settlement. However, if the hard, foundational work is not done properly, there will be no quick and easy settlement. The insurance company lawyers are adroit at “calling the bluff” of an unprepared plaintiff’s lawyer who has not spent the time, effort and money to properly prepare their case and their clients. If we cannot meet our client’s realistic expectations as to the ultimate outcome, we do not take the case, regardless of how large the damages. It is hard to say, but we have to have hard conversations with clients and prospective clients. However, a god lawyer has to be able to have the hard conversations as well as the easy ones.
Entries (RSS)