Legal Question in Personal Injury in Texas

Re: Carbon Monoxide Poisoning in Landlord's House

You may request the entire file and the attorney has to give it to you. Attorneys take on cases and in the contingency fee business, they evaluate the likelihood of success. Typically, a personal injury attorney evaluates the extent of the injury, the solvency of the defendant, the potential expense in proving the case, and the degree of liabilty. These factors are meshed in an effort to determine if it makes good economic sense, from the attorney's perspective, to proceed. For instance, toxic tort cases are very expensive to litigate. It would not make sense for an attorney to litigate a case if someone is negligently exposed to a toxic chemical, but there is no proof the individual incurred any damages. Exposure is not necessarily enough. In that cases, the end result would be outweighed by the expense of litigation. On the other hand, if someone is exposed and contracts a serious and debilitating illness, but the liability is not crystal clear, the attorney may consider taking the case simply becasue the damages are so larger. In the latter case, the potential reward would outweigh the risks. the best scenario involves serious objective damages, clear cut liability, and a solvent defendant.

In sum, an attorney has the right to take on a case and then later release it if he feels it cannot be proven or he determines the costs outweigh the potential recovery. However, they must release it in time to give the client a chance to proceed further.