this post was submitted on 11 Sep 2023
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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.