Unfortunately, personal injury lawyers often decide against taking certain cases. I personally wish I could help everybody who calls my workplace. In the end, the person on the phone is obviously angry and in emergency or turmoil and they’re reaching out to me, as a professional, for assistance. On the other hand, the harsh reality is that many prospective clients either don’t have a strong legal case under the law or the case is not economically viable. The following factors, although not exhaustive, are reasons why a personal injury Attorney may not agree to take your case:
One of the biggest problems is constantly: Who’s AT FAULT? Even though, for example, you are involved in a serious auto accident or a serious slip-and-fall case, and the injury is caused by your own negligence, the law could bar your recovery.
You ought to have the ability to prove that the other party was at fault (or partially at fault) to your injuries. When there is minimal evidence to prove accountability, a lawyer will most likely decide against accepting your case. It’s always best to consult a lawyer immediately following an accident and explain the facts therefore a liability determination may be produced.
Often, if you’ve been involved in a minor fender bender with little damage for your auto, or you have been injured due to someone else’s negligence and your injuries are minimal, an attorney could decide against accepting your case.
Personal injury claims require attorneys to undertake a substantial quantity of work and out-of-pocket expense. Insurance companies often refuse to cover adequate money for these kinds of cases. From a fundamental small business standpoint, it often does not make sense for an attorney to undertake a case that won’t produce benefits.
Always be certain that you get a complete medical evaluation no matter how small the crash. Often, concealed medical problems will make it clear to a attorney that you should be represented.
Statute of Limitations:
This usually means that the lawsuit must be filed within two decades of the accident or you lose your capacity to sue.
Waiting until the last minute to hire a lawyer can be extremely problematic. Your lawyer is going to need to scramble to do a great deal of work and gather evidence that must have been done right after the accident. Because of this, a lawyer may decide it’s too tough to jump in at the last minute and try to salvage your case.
CAVEAT: Always check a lawyer early on to ascertain the applicable statute of limitations date, as unique elements can come into play concerning the deadline to file a lawsuit.
Previous Claims or Lawsuits:
If you have a history of filing suits, or a history of being involved in accidents, this might be a red flag for attorneys. Insurance companies will quickly find out if you’ve got such a background and it may influence your credibility about your present case.
This doesn’t signify a lawyer needs to, or would, pass in your own case outright. In the end, a number people are unlucky and prior lawsuits or claims may be legitimate and explainable, but if you’ve filed frivolous lawsuits in the past, an attorney might think twice as representing you.
Before I decide to take a case, I evaluate whether the customer can partake in the process. This includes continuous communication about their medical needs, assistance with evidence gathering, availability for depositions and enter for trial preparation where necessary.
If I get the sense that a customer will not participate, I might decide to pass representation. This is because customer participation is critical to a successful outcome.
Insufficient Insurance Coverage:
Last, if there’s absolutely no insurance coverage available, or if the person who injured there’s no assets and no ability to pay for your injuries, a lawyer may decide that representation won’t yield any results.
For this reason, it’s very important to consult a birmingham injury lawyer promptly after an injury so an investigation to coverages and assets can take place immediately.
It’s important to note that one or two of the aforementioned aspects may not be a motive to have your case declined by an attorney. Each case is unique. You must always consult a personal injury lawyer if you think you need legal help.
When picking to represent any client involved in a severe injury, the Law Office of Craig Charles makes a commitment to provide the client 100% from beginning to finish, fighting the customer at every turn and keeping the customer informed every step of the way. For this reasonI evaluate cases carefully to make sure that I can deliver top results for my clients.
I’m an LGBTQ affirming attorney and that I know the particular needs of customers who don’t feel comfortable using big mill law companies. In a nutshell, at the Law Office of Craig Charles, you’re not a couple –you are a really distinctive person who deserves personalized attention.