Sometimes, even when a client hears that they don’t have a good case, they want to sue anyway. By “good” case, we usually mean one that is worth pursuing, financially speaking. Other cases have no legal basis, meaning they wouldn’t get anywhere. Then there is a category of cases where someone has suffered harm, but it’s minimal in terms of a lawsuit.
For example, if you are a victim of medical malpractice because a surgeon was completely negligent and their actions left you severely and permanently injured, most attorneys would say you have a good case, a case worth pursuing. On the other hand, if your doctor negligently prescribes a medication that you shouldn’t be on, and it causes side effects from which you make a full recovery, that wouldn’t normally be considered a good case because there’s not much to collect in terms of damages (maybe just a few medical bills or a few days of missed work).
Typically, injury attorneys take on cases for a contingency fee, meaning they get paid a portion of what you collect in damages. If your damages are minimal, the attorney is not going to take the case on a contingency basis. Rather, they may want an hourly fee, which may end up being more than you collect in the end from the lawsuit. Most attorneys will just turn the case down, often without explanation, which can lead a person on a frustrating quest to find an attorney who will take their case. What’s worse is that attorneys may tell you that you have a case even though they are turning it down. They may just be doing this to protect themselves. We believe these realities should be explained to a potential client up front, in terms that make sense to a non-lawyer.
If you are having trouble finding an attorney to take your case, despite the fact that you were harmed by someone’s actions, it may be because your injury is considered minor. It often comes down to a financial consideration and not whether you were wronged.