HOW LAWYERS CHOOSE AND HANDLE CASES

Not every accident case is accepted by Dale Gribow attorney at law. Victims often assume that simply being hurt means a strong claim, but the reality is more complex. Lawyers evaluate cases based on the two primary factors that make up Negligence: liability and damages.



Liability refers to who was at fault. The attorney must determine whether another party’s negligence caused the accident. If fault is unclear, disputed, or shared between parties, the case becomes riskier. Even if you are badly injured, proving another person’s legal responsibility is essential.

Damages refer to the actual harm suffered. This includes past and future: medical bills, lost wages, pain and suffering, and loss of enjoyment of life. If injuries are minor, poorly documented, or resolved quickly, the damages may not justify the cost of litigation. Attorneys must balance the likelihood of recovery with the time and expense of pursuing the case.

For this reason, lawyers carefully screen new clients. During an initial consultation, they ask about accident details, medical treatment, prior injuries, and witness information. As a lawyer, we evaluate whether liability is clear, and whether damages are significant enough to pursue. Cases that lack one or both elements may be declined.

Once accepted, however, our office becomes your partner and advocate. The process begins with “sign up,” where you officially retain the lawyer. Next comes medical management—ensuring you see appropriate doctors, and treatment is documented. At the same time, evidence is gathered: photographs, witness statements, police reports, and repair estimates.

We then prepare a settlement demand package, including all medical records, bills, and evidence of losses. This is submitted to the insurance company as the basis for negotiation. If the insurer refuses to make a fair offer, we file a lawsuit.

Litigation adds complexity and expense. Doctors may be called to testify, costing thousands of dollars. Depositions, expert witnesses, and court fees all add up. Filing and serving the complaint can easily cost $1,000. For this reason, many attorneys will not take small “soft tissue” cases to trial. The costs outweigh the potential recovery. In all fairness I can’t accept a case knowing the cost involved will result in the client not receiving much if any money. Instead, mediation or arbitration may be suggested as more efficient alternatives.

In the courtroom, juries act as the great equalizer. As skilled lawyers, we frame the story in a way that highlights the truth of the your suffering. However, preparing every case as though it will go to trial is the best way to negotiate… from strength.

The bottom line: strong cases require both clear liability and substantial damages. By carefully choosing which cases to pursue, we ensure we can dedicate resources to achieving the best possible outcome for our clients.