How a Texas Car Accident Lawyer Determines Whether to Accept Your Case

By Michael GrossmanMarch 19, 2020Reading Time: 5 minutes

If you or a loved one has been involved in a car accident in Texas, you might be wondering whether a car accident lawyer will accept your case. And if so, you might also be wondering whether it is worth hiring an attorney at all. People often think that a lawyer can definitely help them handle their car accident injury claims. While this is sometimes true, it is not always the case.

Any lawyer can take your case if they want to. But it takes a knowledgeable and ethical one to assess the strength of your claim first. At the Grossman Law Offices, we believe it is crucial to take all of the facts and circumstances into consideration before deciding whether or not to move forward. Read on to find out how a Texas accident lawyer determines whether to accept your case.



Key Factors That a Texas Car Accident Lawyer Will Consider to Determine Whether They Can Take Your Case

Unfortunately, a car accident lawyer can’t take every case. But, sometimes, the reason an attorney might turn down your case is that it might ultimately be in your best interest not to accept it. 

A car accident lawyer will take many factors into account before deciding whether or not to take your case. Some of the main factors a lawyer will consider in making the decision include the following:

  • Existence and extent of any injuries; 
  • What legal “damages” exist;
  • How much time has passed since the accident;
  • Who was at fault;
  • Whether your potential recovery is worth the cost of hiring an attorney; and 
  • Whether you have you already entered into a settlement.

Let’s dive into these factors in more detail below. 



Whether or not you sustained any physical injuries is an important factor. An attorney will often consider this before they decide whether or not they can accept your case. Although a car accident of any caliber can be a traumatic experience for all parties involved, this does not necessarily mean that you will always need an attorney. 

If you did not sustain any physical injuries, or your injuries are very minor, you may not need an attorney. If the only damage that exists is damage to your vehicle, your car insurance will likely be able to help you take care of it. 

Sometimes, however, you do sustain serious injuries that require medical treatment. And sometimes, your extensive physical injuries might even cause you to suffer additional emotional injuries. In these cases, you may need an attorney to help you protect your interests. 



Another extremely important factor to consider is damages. Legal “damages” are the costs associated with your car accident that you might be entitled to receive to help you recover. 

Damages that could exist in a car accident case might include economic damages, non-economic damages, or even both. Economic damages are those that generally have a definite value or can be easily determined. On the other hand, non-economic damages are less easy to determine, but they are damages a victim can recover, nonetheless. 

A knowledgable attorney will take both of these into account when assessing your claim. Below are some examples of damages that an experienced car accident attorney will consider:


Economic Damages:

  • Medical expenses;
  • Property damage to your vehicle; and
  • Lost wages or lost earning capacity due to injury.

Non-Economic Damages:

  • Pain and suffering, 
  • Stress and anxiety, and 
  • Emotional distress.

If there are no damages that you can recover, then it might not be beneficial for a car accident attorney to take your case. However, if any of the above damages exist, an attorney may be more likely to accept your case. 



When you first consult with a car accident attorney, one of the first questions they will probably ask is when the accident occurred. This is because of something called a “statute of limitations.” A statute of limitations is a statute that puts a time limit on bringing a certain type of legal claim. 

In Texas, the statute of limitations for bringing a car accident claim is two years. This means that from the time you get in a car accident, you have two years to bring a lawsuit. For this reason, time is of the essence in a Texas car accident case. 

When the statute of limitations has expired, you can no longer bring a claim in court. Accordingly, if it has been more than two years since you were involved in a car accident, an attorney may have to decline to take your case. Promptly consulting with an attorney can have a significant impact on whether they will be able to accept your case. 



Having an attorney can be a great asset in a car accident case. However, an attorney can only do so much. 

If it is clear that you caused the accident, an attorney may not be able to take your case to pursue a claim against another party. But, if it is clear that the other party was at fault, an attorney may be able to help you prove your claim. Even where fault might be unclear, an attorney will take all of the relevant facts and evidence into consideration to see if they can help prove that you were not at fault. If they can, they might be more willing and able to take your car accident case. 


Potential Cost

Although you should always seek an initial consultation in the aftermath of a car accident, sometimes, it might not be financially worth the cost to hire an attorney. An attorney will need to assess the potential time and expense it might cost to take your case and then compare it to what you might ultimately be able to recover. 

If it will cost you more in legal fees to pay for an attorney’s services than what you might receive in the long-run in damages or in a settlement, this is an important factor to weigh. If this is the case, it might actually be in your best interest for a car accident attorney to turn down your case.  


Previous Settlement

Depending on where you are in the process of dealing with a car accident, you may have already entered into settlement negotiations with another party to the accident or with an insurance company. This is very important information to a car accident attorney in determining whether or not to accept your case. 

If you have already reached a settlement agreement, an attorney may not be able to help you. Most settlement agreements include a clause stating that the victim cannot pursue a legal claim after the settlement. However, if you are still in settlement negotiations, or you have not yet received an offer at all, an attorney will be more likely to accept your case. 


How to Know Whether It’s Financially “Worth It” for You to Hire a Texas Car Accident Attorney

Is hiring a Texas car accident lawyer worth it for me financially? This is an important question that many people face. An experienced attorney will take many factors into account before deciding whether or not to accept your case. However, it is also important for car accident victims to understand these factors as well. 

In general, the more serious the accident, the more likely it is that a car accident victim will require legal representation. If your injuries and damages are extensive, you might not be able to handle a legal case on your own. An attorney can help make sure your interests are represented so that you are compensated and made whole. With that being said, it is always worth at least getting an initial consultation after an accident. 

Dealing with the aftermath of a car accident can be an emotional and stressful process. But having an attorney in your corner can help make it more manageable. At the Grossman Law Offices, our goal is to guide you towards a successful resolution. We will take all of the above factors into consderation so that we can help you as best as we can. Contact us today for a free consultation to see if we can help you with your car accident case.