Does Morgan and Morgan Take Any Case? Understanding Our Case Selection Process

Does Morgan and Morgan take any case? If you’re asking this question, you’ve probably already heard of our stellar reputation for winning settlements and verdicts for our clients. We appreciate that you’re taking the time to see if we can help you. However, while we take on thousands of clients every year, not every claim is a right fit for us, nor would we be the right fit for every type of case out there. 

The bedrock of our law firm has been built upon personal injury cases. Nonetheless, we’ve branched out to include class actions, labor and employment cases, civil rights, antitrust litigation, and debt collection harassment claims, among others. That’s because we understand injustices happen to good people out of the blue, and we know we have the expertise to help them. Let’s look at some types of claims we excel at and the reasons we turn down some cases where we can’t help. 

What is a no-win, no-fee arrangement?

First of all, Morgan & Morgan’s lawyers almost always work on a contingency fee basis. We know that lawyers are expensive. That is probably the number one reason people are hesitant to pursue a claim even if they know they’ve been treated unjustly or have been injured by careless and reckless actions. That’s why lawyers that specialize in personal injury law came up with the concept of a contingency fee arrangement. Essentially, it’s an avenue people can take to seek compensation without having the additional burden of coming up with a lawyer’s fee upfront. 

A contingency fee is a percentage of your settlement or judge-imposed awards for your claim. What it boils down to is that your lawyer doesn’t get paid unless they win your case or claim for you. A no-win, no-fee arrangement is also an excellent incentive for your lawyer to maximize your compensation and to get the negotiations or trial successfully completed as quickly as possible. 

Why would an attorney take a case on contingency?

Typically, an attorney will take a case on with a contingency fee arrangement when they believe your case has merit and you should be entitled to substantial compensation. They will evaluate the case to make sure they feel that their hard work and efforts have good potential to be rewarded fairly. 

At Morgan & Morgan Law Firm, we understand that most of our potential clients are injured or have a disability, making it very difficult to come up with the funds to hire a lawyer. You may be unable to work and already have mounting medical debts. This would make hiring a lawyer on an hourly basis almost impossible since there are no guaranteed time limits on when a settlement can be reached, or a verdict won. Sometimes trials can drag on for years, especially if you’ve been severely injured. These types of cases can take up a significant amount of time and resources. That’s why our lawyers have to be selective in the cases they take on. 

How do you know if a lawyer will take your case?

Generally speaking, when a lawyer evaluates a case, they look at three key aspects:

• The client
• The merits of the claim
• The damages

The client: Facts and legal debates go a long way toward successfully resolving a claim. However, a lawyer may also look at the client from a personal perspective as concerns their credibility, how reasonable they are, and their ability to communicate effectively. They make these judgments based upon how a jury would receive their testimony or legal depositions. While not an exclusive dealbreaker, these qualities are assessed when evaluating the chances of winning or losing. Thus, there is a chance of getting compensated for their time.

The merits of the claim:  Different types of claims require varying elements of proof. Fortunately, when it comes to personal injury claims, these are civil matters. A civil matter can be resolved based upon the preponderance of the evidence. This is different from a criminal case, which requires proof beyond a reasonable doubt to convict. A civil case only requires that there is more compelling evidence on your side than the defendant.  

An attorney has the duty to evaluate your claims and decide, based upon their professional opinion, whether there is enough evidence or can reasonably conclude that substantial evidence can be found to support your claim. Otherwise, if they file a lawsuit on your behalf without evidence, the court could sanction both you and your attorney for filing a frivolous lawsuit. Obviously, that’s not a position any reasonable attorney would want to find themselves in. 

Damages: As stated previously, there has to be the potential for a significant award for your claim since a percentage of the award is how a lawyer gets paid for their efforts on your behalf in a contingency arrangement. It’s not unusual for one of our clients to rack up tens of thousands, or in some cases, hundreds of thousands of dollars in attorney fees if we were paid by the hour. Additionally, there may be thousands and thousands of dollars in extra costs incurred for things like expert witnesses and investigator’s fees. 

Risk and reward are something every lawyer has to take into consideration when taking on a case. However, that’s not to say there could be additional elements to your case that may make a high-risk case more intriguing. For example, if your case has the potential to be awarded a great deal in pain and suffering or punitive damages. While punitive damages are rarely awarded except in cases of egregious harm, the dollar amount can be staggering.

What types of cases cannot be taken on a contingency basis?

State laws prohibit the use of contingency fee agreements because of some practical and ethical concerns. These are :

• Criminal defense 
• Adoption
• Immigration
• Divorce and similar family law issues
• Bankruptcy
• Drafting a contract, will, trust, or other legal documents
• Starting a business
• Registering a trademark, copyright, or patent

For example, there is no way to calculate a fee in a criminal case because there is no money to be conveyed. It’s either you beat the case and walk free, or you don’t and go to jail. As a matter of ethics, you wouldn’t want your criminal defense lawyer hedging their bets on a plea bargain and some pay rather than taking it to trial and potentially not getting paid at all. There would be no incentive for them to risk losing at trial even if you had strong evidence pointing to your innocence. Likewise, in a divorce dispute, you wouldn’t want your lawyer to settle with your ex just so there is a guaranteed paycheck in it for them. 

What are all of Morgan & Morgan Law Firm’s practice areas?

• Car accidents
• Motorcycle accidents
• Truck accidents
• Amusement park accidents
• Aviation crash
• Boating accidents
• Brain injuries
• Dog bites/animal attacks
• Spinal cord injuries
• Wrongful death
• Birth injuries
• Cancer misdiagnosis
• Medical malpractices
• Cell tower accidents
• Construction accidents
• Maritime and admiralty
• Nursing and medical assistants workers’ compensation
• Workers’ compensation for the construction industry
• Workers’ compensation for landscapers
• Workers’ compensation insurance claim disputes
• Workers’ compensation law for firefighters
• Workers’ compensation
• Antitrust litigation
• ATV lemon law
• Breach of contract
• Civil forfeiture
• Civil rights
• Construction litigation
• Deaf/disability rights
• Discrimination & harassment
• Eminent domain
• FINRA arbitration
• Food poisoning 
• Intellectual property
• Investor fraud
• Negligent security
• Professional malpractice
• Real estate
• Shareholder & partnership disputes
• Shareholder derivatives
• Train accidents
• Probate, trust & estates
• Lemon law for cars
• Whistleblower/Qui Tam
• Workers’ compensation for police officers
• Wrongful & false imprisonment
• Breach of warranty
• Explosions
• Product liability
• Burn injuries
• Insurance claims
• Rock quarry blasting home damage lawsuits
• Labor and Employment
• Overtime/Wage & hour
• Mesothelioma
• Nursing home/Elder abuse
• Slip & fall
• Social security disability
• Veterans’ benefits

Don’t let concerns about money stop you from talking to one of our lawyers.

We get that when you partner with a lawyer, there are fees involved, either upfront hourly or when you win your claim. You may not even be sure if your case has merit or is worth pursuing. That shouldn’t stop you from reaching out for a free case evaluation. We can answer your question, “Does Morgan and Morgan take any case?” during this interview. It may be that there are aspects to your case that you don’t see because you are emotionally involved. 

For example, if you sustained relatively minor injuries on the job, but your employer has a history of the same kinds of accidents and has never taken steps to make your particular job safer. In these circumstances, it may be possible to seek punitive damages. Here’s another example, suppose you’ve been unfortunate enough to have a recalled device, such as the Philips CPAP machines that were found to leak toxic gases and debris. In that case, you may be able to join a class action lawsuit and receive some form of compensation using that avenue.

The point is, you really never know until you speak to a qualified personal injury attorney. We can review all the evidence, research case law, talk to witnesses, and all of the things a great lawyer does to make sure their clients get the best possible result for their clients. 

Why choose Morgan & Morgan personal injury lawyers?

In a nutshell, Morgan & Morgan is dedicated to protecting everyday people, not the powerful insurance companies or big businesses that exploit the public. We believe you should never settle for less than what your claim is truly worth. We fight for each and every one of our clients just as hard as we would fight for one of our own family members. 

While we are one of the largest law firms in the country, we’re still family-owned so that we can control our own narrative and make sure our lawyers never lose sight of what really matters, your rights and your dignity. Don’t hesitate to contact us for your free case evaluation today.