Attorney Michael L. SaileA free consultation is often the quickest way to find out where your case stands. A personal injury law firm is more likely to take your case if the facts show someone else may be legally responsible, your injuries or losses are significant, and there is a realistic path to recovering compensation. Most lawyers look at liability, damages, deadlines, and whether the case is financially worth pursuing. Understanding these factors can help you tell early on whether an attorney is likely to move forward.
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- The Quick Answer: What Personal Injury Lawyers Look for in a Case
- Factors Lawyers Take Into Consideration Before Taking on a Case
- What To Do If a Lawyer Declines Your Case
- What You Can Do to Improve Your Chances of Having a Lawyer Take Your Case
- Talk to Cordisco & Saile About Your Personal Injury Case
The Quick Answer: What Personal Injury Lawyers Look for in a Case
Personal injury lawyers rarely make decisions based on a single factor. Before agreeing to represent a client, most attorneys consider a combination of elements, including who was at fault, how serious the injuries are, what evidence exists, whether insurance coverage is available, and how much time is left on the legal deadline to file.
The most common criteria lawyers evaluate include:
- Liability — Was someone else at fault, and can that be proven?
- Damages — How significant are the injuries and financial losses?
- Evidence — Is there enough documentation to support the claim?
- Insurance or collectability — Is there a source of compensation to pursue?
- Statute of limitations — Is there still time to file?
- Practice area fit — Does the case fall within the attorney’s area of focus?
- Client cooperation — Is the injured person willing and able to participate in the process?
An initial consultation is the best way to work through these questions with an attorney. Even if you are not sure whether you have a case, reaching out is worth it. Many people are surprised to learn they have a stronger claim than they realized, and a consultation gives a lawyer the chance to spot issues, exceptions, or avenues for recovery that are not obvious without legal training.
Factors Lawyers Take Into Consideration Before Taking on a Case
Because personal injury attorneys typically work on a contingency fee basis, meaning they only get paid if they recover compensation for you, they have a practical stake in taking cases they believe they can win.
Factor #1: Determining Who Was at Fault for the Accident
Proving negligence is the foundation of most personal injury claims. A lawyer will assess whether another party owed you a duty of care, breached that duty, and caused your injuries as a result. In Pennsylvania, fault can be shared between parties under the state’s comparative negligence rules, so even partial fault on your part does not automatically disqualify a claim. What matters is whether the evidence supports that someone else bears meaningful legal responsibility for what happened.
Factor #2: The Severity of Injuries and Damages
Lawyers assess the full extent of a client’s medical injuries and financial losses, including current and future medical costs, lost income, and the impact on daily life. More severe injuries typically justify the time, effort, and expense of litigation or negotiation. A case with significant, well-documented harm is more likely to support meaningful compensation, which is why attorneys look carefully at medical records, treatment history, and prognosis before moving forward.
Factor #3: Whether There Is Enough Evidence to Prove the Claim
Strong evidence is what transforms an account of an accident into a persuasive legal claim. Attorneys look for police reports, photographs, witness statements, surveillance footage, medical records, and other documentation that supports the client’s version of events. The earlier evidence is gathered and preserved, the better. Physical evidence can disappear, witnesses’ memories fade, and digital records can be overwritten, all of which is why acting quickly after an accident matters.
Factor #4: Insurance Coverage and Ability to Recover Compensation
Even the most well-supported case has limited value if there is no financially responsible party or available insurance coverage to pursue. Attorneys investigate what policies may apply, including the at-fault party’s liability coverage, your own underinsured or uninsured motorist coverage, and any other applicable policies. Identifying coverage early is a critical step in evaluating whether a claim can realistically result in meaningful compensation for the injured person.
Factor #5: The Statute of Limitations in Pennsylvania
Pennsylvania generally allows two years from the date of an accident to file a personal injury lawsuit under 42 Pa.C.S. § 5524. Before taking on a case, an attorney must confirm that this deadline has not already passed. Certain circumstances, such as claims involving government entities or injuries to minors, can affect the timeline, sometimes shortening it significantly. Missing the filing deadline typically forfeits the right to pursue a claim entirely, which is why contacting an attorney as soon as possible after an accident is important.
Factor #6: Whether the Case Falls Within the Lawyer's Practice Areas
Many personal injury attorneys focus their practice on specific types of cases, such as car accidents, slip and falls, medical malpractice, or product liability claims. A lawyer who regularly handles a particular type of case brings specialized knowledge of the applicable law, common defense strategies, and what evidence matters most. When evaluating a case, attorneys consider whether it falls within their area of focus, because specialization generally leads to stronger, more effective representation for the client.
Factor #7: Whether the Client Is Willing to Participate in the Legal Process
Successful personal injury cases require more than legal skill. They require a cooperative client. Attorneys may need you to attend medical appointments and follow through with recommended treatment, provide records and documentation, respond to questions, and potentially testify in a deposition or at trial. A client who is engaged and willing to participate makes it easier to build a strong, consistent case. Lawyers take this into account because the outcome of your claim can depend significantly on your involvement throughout the process.
What To Do If a Lawyer Declines Your Case
Even when someone has been genuinely hurt, a lawyer may decline to take a case. That decision is not always a judgment on whether the accident was real or the injuries were serious. It is often a practical assessment of whether the case can be effectively pursued.
If one attorney declines your case, that does not necessarily mean you do not have a claim. Personal injury lawyers have different risk tolerances, different areas of focus, and different assessments of the same facts. A second opinion from another attorney is always reasonable. What is important is that you act sooner rather than later, because waiting can affect the evidence available and the time you have to file.
What You Can Do to Improve Your Chances of Having a Lawyer Take Your Case
There are practical steps you can take after an accident that can strengthen your position before you ever speak with an attorney.
Seek medical care promptly, and keep up with it. Getting evaluated by a medical professional after an accident does two things: it protects your health, and it creates a documented record of your injuries close in time to the incident. Follow through with all recommended treatment and appointments. Gaps in treatment can be used to argue that your injuries were not serious or that something else caused them.
Gather documentation from the scene. If you are able, photograph the scene, your injuries, and any property damage. Get the names and contact information of witnesses. Obtain a copy of the police report if one was filed. The more documentation you have, the more a lawyer has to work with.
Be honest about what happened. When you speak with an attorney, give them a complete and accurate account of the accident, including anything that might be unfavorable to your case. Lawyers are not there to judge you; they are there to evaluate the full picture and advise you honestly. A detail you omit early can create serious problems later if it surfaces during litigation or settlement negotiations. Honesty from the start gives your attorney the best chance to build a strong, durable case on your behalf.
Contact an attorney before speaking with insurance companies. Insurance adjusters may reach out quickly after an accident to get a recorded statement. What you say can be used against you. Speaking with a lawyer first helps ensure you understand your rights before making any statements that could affect your claim.
It helps to speak with an attorney early.The sooner a lawyer can review your case, the easier it is to evaluate the facts, gather supporting documentation, and advise you on the best next steps.
Talk to Cordisco & Saile About Your Personal Injury Case
You have a limited window to file your claim, and getting experienced legal guidance early can help you avoid mistakes that could weaken your case later.
At Cordisco & Saile, LLC, we have spent more than 30 years fighting for injured Pennsylvanians throughout Bucks County, Montgomery County, Lehigh Valley, Philadelphia, and across the state. Our team takes the time to listen, evaluate your situation honestly, and explain your options in plain language, because we believe that as a client, you deserve to be seen as a person first and an accident victim second. If you are not sure where you stand, let us help you find out. Call 215-642-2335 or contact us online for a free consultation with a Pennsylvania personal injury lawyer. There is no cost to reach out, and no obligation to move forward until you are ready.
