Legal Question in Personal Injury in Texas

I contacted a law firm using their web site back in mid February, after waiting several weeks for a response I called their office. They sent a representative and I filled out the usual forms and then 10 days later they called to tell me they were dropping my case. I received no explanation as to why they no longer were willing to represent me. When I asked the associate why they were dropping me he told me that it was possibly the fact that too much time had lapsed to seek medical treatment. My accident was in December, 3 weeks after under going spine surgery. ( I was struck by a vehicle in a parking lot.) At the time I initially contacted them , about 7 weeks later, I was still in a neck brace but was/am having issues with my shoulder since the accident.

My question is "Is it ethical to accept a case and then drop it without any explanation and do I have grounds to file a complaint against this firm?"


Asked on 4/27/11, 10:37 am

1 Answer from Attorneys
David Ortiz Law Office of David Ortiz

Accident cases are taken on a contingency basis. That means the lawyer works the case, and if he is able to recover, then the lawyer receives a percentage of the recovery. Since the lawyer works by this contingency, he is able to quit the case when he feels he needs to (except in cases where the statute of limitations is about to run out). It is different when you hire a lawyer and pay him in advance to do certain work. Based on the facts you have given, this lawyer probably decided that the case is not worth pursuing from his perspective. In other words, the lawyer may feel that he will not be able to recover enough money to cover the cost associated with the case and/or enough money to cover his fees. Note that I said from "his perspective," so you still may have a case that is worth pursuing. You should contact another lawyer as soon as possible. Try different types of firms. Sometimes a large personal injury firm will drop you if the case is not likely to make them lots of money. On the other hand, a smaller firm or solo practitioner may be happy to work your case. You may call me for a free evaluation of your case at 832-689-4465 or email at [email protected].

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Answered on 4/27/11, 11:12 am


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