I Understand that You May Not Accept Representation in a Pending Case. What About Unfiled Cases – Do You Always Accept Representation in Those Cases that are Referred to You?

We do not, sometimes to the chagrin of those who ask us to associate with them. The fact of the matter is that some cases have no merit, others have no reasonable likelihood of success, others require an investment of time, money or both that cannot be justified by the likely damages that may be awarded, and still others are valid cases against those who lack the ability to pay a judgment.

John Day has three decades of experience in personal injury and wrongful death cases, and thus has a solid understanding of the merits and value of a case before it is even filed. We use that experience to help us select cases that have a reasonable chance of success. This early evaluation allows us to focus our attention on, and maximize the value of, the cases we accept to the benefit of the clients in those cases. If we accepted every case we were offered, we could not provide the quality of work we prefer and our clients have a right to expect.

Let us give you one example. If liability or causation or both are contested in a single defendant health care liability case, it is difficult to take that case to trial and spend less than $50,000 to prepare and try the case. (Anyone who assumes that such a medical malpractice case will be settled does not understand this type of litigation.) If the potential damages in the case are only $200,000, no lawyer can economically handle this case. This is unfortunate, but it is an economic reality. By accepting such a case, we would limit the time and money we could put into another case and hurt our other clients. We choose not to practice law in this way.

There is one other reason we carefully evaluate cases on the front-end. Personal injury and wrongful death cases involve a substantial commitment of time and energy for the client. We believe that we do them no service if we accept a case that cannot be won or where the risk of loss is substantial in relation to the likely damage award. Our clients have been through enough, and they simply do not need the additional stress caused by litigation if the case lacks sufficient merit.

So, unfortunately, we cannot accept representation in every case we are offered. If we are unable to associate with you in a particular case, we will – at no charge – give you an assessment of the strengths and weaknesses of the case and offer suggestions on how to handle the case if you choose to undertake it on your own.

To discuss a case referral, please contact John Day at 615-742-4880 or toll-free at 866.812.8787 or send him an email at jday@johndaylegal.com. If John is unavailable, our staff will either schedule a time for you to speak with John or connect you with one of our other lawyers who can assist you.

For more information about our attorneys and our firm,we invite you to review the bios of our Attorneys, our Professional Honors and Awards, our Successes and, most importantly, our Client Testimonials.