Have you ever wondered how some cases are eagerly accepted by an attorney and others are not? What are the top five things an experienced attorney looks for when deciding whether to take a case?

Have you ever wondered how some cases are eagerly accepted by an attorney and others are not? What are the top five things an experienced attorney looks for when deciding whether to take a case?

DOES YOUR STORY SOUND BELIEVABLE?

If your story is not believable, an attorney will likely reject your case without ever doing an investigation. Why not? The moment you walk in the door, an attorney looks at you as if you are walking into court and taking the witness stand. He will look at your story from the viewpoint of a jury sitting and listening to your case to see if they will find it believable and is credible. If your story lacks credibility, no attorney will want to spend thousands and thousands of dollars and hundreds of hours prosecuting your case, knowing at the outset that the chance of you winning your case is minimal.

DOES WHAT YOU SAY MAKE SENSE?

This is commonly referred to as the ‘smell test’. What’s that? If it doesn’t smell right, then a jury will find it hard to believe your story. Again, if the attorney thinks a jury will not accept your story, then he likely will not take your case.

WHAT DO YOU THINK WAS DONE WRONG?

Every attorney who evaluates a medical malpractice case in New York wants to know what you think was done wrong. The injured victim or their family is usually a very good source of information when trying to find out what went wrong.

WHAT HARM DID THE WRONGDOING CAUSE?

The reason we need to know what injuries you suffered is because we are required to link the injuries with the wrongdoing in order to proceed forward with a valid case. This is known legally as ‘causation’. If there is a missing link, then it becomes impossible to prove a valid case. Keep in mind that in any evaluation of a medical malpractice case, the attorney MUST get a medical expert to review your records and confirm each element of your case.

What are those elements? Exactly what I talked about in paragraph 3 and 4. I must prove (1) wrongdoing; (2) that the wrongdoing caused harm; and (3) that the harm is significant and permanent.

DO I GET ALONG WITH YOU?

Believe it or not, your case will take approximately 2-3 years from start to finish. The attorney will need to determine whether you are a good fit and whether you will have a good relationship that you can both live with for the duration.

If you do not get along with each other, it’s probably not a good idea to stay together at the outset. The attorney-client relationship is an important one. If the fit is a good one, great. If it’s not, just as in a marriage, don’t get started.

CONCLUSION:

These five tips will help you understand what an attorney looks for when you walk in the door and they start asking you questions.