Why can’t I get an attorney to take my Tennessee personal Injury case?

For every case we take in and agree to handle, we turn down many, many more.  Why is that so?

There are several reasons why we may decide to not take a case from someone who may have been involved in a car wreck case.

1. The  Case may not be a “winnable” case.

If you are more than 50% at fault, you are not going to win you case in Tennessee.

So, if you are partially at fault for a wreck, can you still recover?  Yes.    As long as your percentage of fault is less than 50% you can recover.  So, if you are determined to be 25% at fault, and the defendant(s) are 75%, then you can recover for your harms and losses you have proven.  However, the amount of your judgment will be reduced by the same percentage that you are at fault.   So, if you have a recovery of $100,000, but were found to be 25% at fault, that $100,000 would be reduced by 25% to $75,000.00 as your net.  

2. The Juice may not be worth the Squeeze.

I often tell juries, the more harm that is caused to a person, the more compensation that the injury is worth.  And the opposite is also true … the less harm, the less compensation the injury is worth.   If you have an injury that was not very painful, short in duration, and did not interfere into your daily activities, then it may not be worth much in compensation.   

I do not want to take a case if it is going to cause you harm or fail to significantly benefit you.  If that is the case, you would not be happy with me, I wouldn’t feel good about doing my job, and that is not the purpose of our law firm.   We truly want to help those that need our help.  

3. A person has already “spoiled” their own case.

Sometimes people wait too long to contact an attorney.  They let the statute of limitations for their case expire, or wait too close to the deadline to allow me to effectively investigate the case.

Sometimes people fail to get proper treatment for injuries they should have treated for long ago, allowing too long a gap in time that really hurts their case.

Sometimes they have said or posted things on social media that hurt their case.  You should never put anything about your case on Facebook or other media unless you want it to be remembered forever and used against you.   Even if you delete it, it can be used against you.

Sometimes they have said things to their doctor, or not told their doctor certain things that they should have told them already that spoil their case.   If you don’t tell your doctor the truth about prior injuries, for example, that can totally destroy your case.  

If you are reading this and we have not accepted your case, my hope is that you don’t take it personally.  It is difficult to evaluate a case whenever you are the one who has had to suffer the pain and humility of a significant injury, or, as importantly, watched one of your loved ones go through a terrible experience, and still have an open, objective opinion on the facts and issues in your case.

Lastly,  my opinion is simply that, it is MY OPINION.   I always strongly encourage you to get advice from other lawyers that are competent professional personal injury lawyers.    Don’t give up on pursuing your case if you believe you have been wronged.

John Griffith
Nashville Personal Injury Trial Attorney
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