how do you know whether you have a case attorney

by Jacinto Kling IV 10 min read

Check the public record. If you feel like your lawyer isn't being honest with you, check the public record at the courthouse. If your attorney says he has filed a motion or the other side is the one delaying the case, you can see the documents filed by both sides.

Full Answer

What should I do if I have an issue with my lawyer?

The only way an attorney will know if you have a good case is to first obtain ALL of your medical records. All relevant records. Not just the ones you want to give him. Not just the copies you obtained from one or two of your doctors. Not just the discharge papers from the hospital. But ALL of your relevant records going back years.

How to find the best lawyer for your case?

Apr 27, 2014 · It’s important ask yourself, “Am I injured?” “Were my injuries caused by another person’s negligence or careless actions?” “Could my accident have been avoided or prevented?” If you can answer “Yes” to any of these questions, you may have a case and should consult an attorney. Our team deals with accident cases on a regular basis.

What questions should I ask my lawyer before hiring a lawyer?

The end game for most civil lawsuits is to recover monetary damages for the harm that you, and possibly others, have suffered. If you plan on suing a particular party, it is important to know whether the defendant will be able to actually pay the judgment that is made against him or her. Even if the defendant does not have many financial ...

How do I know if my lawyer is delaying my case?

It can be hard to determine whether you have a claim at the time. However, if you did not see any wet floor signs, you likely have a strong case. If you did it gets harder to determine, but you should still see a lawyer for a consultation if you have expensive injuries.

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What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

How do you explain a case to an attorney?

Consider how much you are willing to do to organize your evidence, provide your witness contacts, write down a chronology (time line) of events, and generally sell yourself to your attorney, as well as the case, by appearing organized. Tell your story in the shortest possible way.Jun 15, 2013

What are the signs of a good lawyer?

Top 10 Signs You Have Hired the Best Lawyer for Your CaseExperience.Results.Trial Victories.Honesty.Integrity.Objectivity.Pragmatic Optimism.Creativity.More items...•Nov 19, 2021

How do you identify legal issues in a case?

What is a legal issue?Look for ambiguity in the facts. Lawyers LOVE ambiguity. ... Find where the opinions disagree. Many cases you read in law school have dissenting opinions, precisely because these opinions help you see both sides of the contested legal or factual points. ... Think about what you don't understand.

Is it normal to not hear from your lawyer?

Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.Oct 25, 2018

How often should I hear from my attorney?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.Jun 17, 2020

How do you know a bad lawyer?

Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.Aug 19, 2020

Why do lawyers ignore you?

There's bad news your attorney doesn't want to deliver. If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.Mar 29, 2021

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

What are the facts in a case?

Facts are the “who, when, what, where, and why” of the case. Describe the history of the dispute, including the events that led to the lawsuit, the legal claims and defenses of each party, and what happened in the trial court.

What is case law example?

When they sue their landlord, the court must use the previous court's decision in applying the law. This example of case law refers to two cases heard in the state court, at the same level.Apr 28, 2016

What are non issues in a legal case?

Nonissue definition A point, question, matter, etc. that has been previously resolved or has no relevance to a given situation. A matter of no concern, especially one that had been of concern. His position on that matter is a nonissue, now that the courts have decided.

Source of Recovery

A final consideration is whether there is a source of recovery at the end of your lawsuit. Unless there are insurance policies that will cover your damages or a company or individual with means to pay, you do not have a viable case.

A Wrong Without a Remedy

In far too many cases, there is a wrong without a remedy. Consider the example of the slanderous neighbor – they are committing a wrong. It is hurting you. But, despite the availability of a cause of action for defamation, there is no remedy in the civil courts because the neighbor is unable to pay a judgment.

Why Do I Need to Consult with an Attorney?

You may believe that you have a case only to find that a non-obvious quirk of the law prevents you from recovering. Your attorney should be able to spot bad facts or bad law before filing your lawsuit.

What to expect from a lawyer during a consultation?

During your consultation with an attorney, the lawyer will want to ascertain in quick order what your legal theory is in the case. For example, you may have been injured in an automotive accident and you may claim that the other driver acted in a negligent manner.

What is the end game of a civil lawsuit?

The end game for most civil lawsuits is to recover monetary damages for the harm that you, and possibly others, have suffered. If you plan on suing a particular party, it is important to know whether the defendant will be able to actually pay the judgment that is made against him or her. Even if the defendant does not have many financial resources, the defendant might have insurance that is available to pay the claim.

Do law offices make profit?

Law offices are businesses and are, therefore, interested in turning a profit . Even if the other party was clearly liable for the accident and the attorney is assured that he or she will likely win the case, your case must be worth a certain amount before an attorney may be willing to take on the case. If an attorney is working on your specific case, he or she may have to reject other cases that come in, so your case must be valuable enough to forego other opportunities.

Is There Liability?

The first question will always be: is there a potential defendant who is legally liable for your injury? Just because you're hurt or financially injured does not mean there's a lawsuit. For example, many claims are for "negligence," which means someone acted irresponsibly (or, "negligently"), and that negligent act caused you harm.

Can We Prove the Case?

Sometimes we just "know" someone is responsible, like a doctor after a loved one is injured during surgery.

Will the Potential Recovery Outweigh the Costs of the Lawsuit?

You know you've been injured (whether physically, emotionally, economically, or all of the above), and you know it was someone else's fault. This should be a no-brainer, right? Well, like most things, it's more complicated than that.

What About the "Statute of Limitations"?

Virtually every claim has a statute of limitations, that is, a window of time in which you are allowed to file a lawsuit. For example, as of this writing, a medical malpractice victim in Ohio has just 1 year in which to file a lawsuit after they know, or have information that they may have been injured by a doctor's negligence.

More Questions? Contact Our Firm Today!

Every case is different. Should you file a lawsuit? You won't know until you talk to an experienced attorney. You can contact us, or another attorney. Remember, if you have a claim, there is most likely a statute of limitations clock running, after which your lawsuit would be subject to dismissal by the Court.

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Fault/ Liability

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In most cases, the person we file suit against must be at faultfor the injury, although the type and degree of the person or company’s fault may be different depending on the facts of the case and what the law says. For example: Negligence: Most personal injuries cases require a basic showing of negligencea…
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Damages

  • How bad were your injuries, property damage, or monetary losses? As a matter of law, there must be somedamages for you to have a case. If you were hit by another motorist at an intersection, it was their fault, and you received minor scrapes and bruises, you may have a case as a matter of law. But will an attorney be able to help you? As a practical matter, you must have enough dama…
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Source of Recovery

  • A final consideration is whether there is a source of recovery at the end of your lawsuit. Unless there are insurance policies that will cover your damages or a company or individual with means to pay, you do not have a viable case. For example, if your neighbor, a person of modest means, slanders you and causes harm to your reputation and business, you may “technically” have a law…
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A Wrong Without A Remedy

  • In far too many cases, there is a wrong without a remedy. Consider the example of the slanderous neighbor – they are committing a wrong. It is hurting you. But, despite the availability of a cause of action for defamation, there is no remedy in the civil courts because the neighbor is unable to pay a judgment.
See more on coastal-law.com

Why Do I Need to Consult with An Attorney?

  • You may believe that you have a case only to find that a non-obvious quirk of the law prevents you from recovering. Your attorney should be able to spot bad facts or bad law beforefiling your lawsuit. On the other hand, you may not know that you have a case until you check with an attorney, or you may not realize the full value of your case. As soon as you are able following an …
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