this post was submitted on 11 Sep 2023
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Yeah some families are vindictive but ALL lawyers are ready to press a case like this as long as they think they can win.
If they think they can win it's another matter, what I think is happening here is the lawyer is pushing for the case regardless, because they get paid regardless.
I’m not sure that’s true. Families don’t always have deep pockets. The lawyer is paid a % of the settlement, which is probably more money than the family could just pay out of pocket. But it does mean they need to win, so they pick their cases. I mean if you pay them well in cash they’ll likely take any case. But a lot of personal injury cases and such are paid on a percentage.
Not necessarily, if that was the case I would expect it to be very likely they would win - a lawyer isn't going to take a case on contingency if they don't think they will win. More likely the family have a little bit of money saved up and the lawyer is taking advantage of them in their emotional state by encouraging them into a frivilous lawsuit.
It’s a sliding scale built on risk and reward.
They will take the case if they think they can win OR when they only have a chance of winning but the settlement is going to be large.
25% chance of a $10 million settlement with a big corporation: take the case.
90% chance of multi hundred thousand dollar insurance payout: take the case.
Probably they also consider the amount of work. For all we know, both of the above could be just 10-20 hours of work.