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Deciding to Accept a Case

Before deciding to accept a case, a New Jersey personal injury law firm must evaluate certain criteria to determine whether the case is appropriate for civil litigation. If your case is denied, it is often in your best interests not to proceed, for the cost to litigate the claim will not be worth the likely payout. Other reasons can contribute to a denial, including passage of the applicable Statute of Limitations or a strong defense possibility for the defendant. The following are other applicable factors that an attorney will review when deciding to take a case:

  • Date and Location: The date of the accident is very important. First and foremost, if the incident happened so long ago that the Statute of Limitations has run, you cannot file your claim to begin with. Even if the incident occurred within the Statute of Limitations, the more recent the accident, the better. More recent cases also involve better witness recollection and fresher evidence.

The location of the incident is important as well. If the event happened in another state, it might be advantageous to file the claim in federal court. This is also true if the defendant is a citizen of another state. If the incident happened very far away, convenience could also be a factor. Your New Jersey personal injury law firm must factor in the cost of travel when deciding whether to take a case.

  • Contributing Factors: If your attorney believes that you may have been at fault in your case, he or she will likely decline representation. Under tort laws, juries can significantly reduce or decline to award damages if the facts show that the injured plaintiff actually caused the accident. For instance, if two vehicles collided and the plaintiff sues for injuries, the jury will be very reluctant to find for the plaintiff if the evidence suggests the plaintiff sent text messages right before the crash.

If you are considering the possibility of a personal injury claim and are not sure if you would like to pursue your case, speak with a New Jersey personal injury law firm. Call the Clark Law Firm today: 877-841-8855.


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