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The first rule in personal injury law is to make sure that you sue a Defendant with deep pockets. That means the Plaintiff and his/her personal injury lawyer need to be satisfied that the Defendant has the ability to pay out on a potential settlement or judgment. If the Defendant cannot pay, the Plaintiff will not be compensated despite winning the case.

You can’t get blood from a stone. Nor can a personal injury lawyer recover compensation from an impecunious Defendant.

This is a very important concept.

There is certainly vindication on behalf of an injured Plaintiff in securing a judgment against a Defendant who has wronged him/her. The feeling of winning, justice, or simply closure are very important feelings.

But these feelings cost money.

If the Plaintiff has deep pockets, and doesn’t mind spending thousands of dollars in legal fees without a prospect of recovery in order to secure a Judgment; then all the power to that Plaintiff.

But these wealthy Plaintiffs who are prepared to spend the type of money required to secure a judgment in a personal injury action are few and far between.

Most Plaintiffs don’t have deep pockets to pay a lawyer’s hourly rates. On top of that; most lawyers won’t take on cases on a contingency fee basis on a “winnable” case if there is no realistic prospect of recovery.

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