4 Reasons Why a Personal Injury Lawyer Will Not Take Your Case
A personal injury attorney may decline a specific case for various reasons. Consultation with a legal professional is essential if you believe you have a valid claim for personal injury.
You should also understand why they might not accept your claim. Here are four reasons why a personal injury lawyer might not accept your case.
Conditions of the Accident
Lawyers in St. Louis review potential cases by considering how the incident occurred. An individual must have breached a legal duty to be held responsible for personal injury.
Put another way, the responsible party must have done something wrong for the victim to suffer. An injury alone is not sufficient to establish someone else’s responsibility.
Imagine, for example, you sustained severe injuries in a car accident. The fact that you were injured may not be enough to establish liability if it is unclear who is at fault for the accident.
In any successful personal injury case, proving fault or negligence is crucial. The personal injury lawyer may turn down your case if, after reviewing the facts of your accident, they do not believe that another party was at fault.
It is also possible for a personal injury lawyer to determine that pursuing your case would take too long. This is especially true if the case is complicated.
A lawyer’s decision to represent you depends heavily on the specific circumstances of your accident or injury. You can always consult with another attorney if you would like a second opinion.
There Are No Serious Injuries
A tort claim may not be appropriate for someone who has sustained minor injuries. Injured victims often feel they deserve compensation in any event.
Though this is understandable, it is often difficult to pursue financial recovery for insignificant injuries.
An attorney estimates the expected financial recovery in a personal injury case based on the victim’s damages. If a person suffers serious injuries or financial damage, a particular claim is likely to be worth more. Minor injuries often result in very little compensation.
In cases involving minor injuries, lawyers in St. Louis are usually paid through contingency fees, so the return is often too small for the work required. This will likely result in the lawyer refusing to take your case.
The Statute of Limitations Prevents Suing
Legal time limits are called “statutes of limitations.” They apply to personal injury claims.
You wouldn’t be able to pursue a civil lawsuit if the accident occurred too long ago. The statutory deadlines apply to injury cases involving the concept of “negligence.”
Negligence cases include:
Even if the statute of limitations hasn’t run, a personal injury lawyer may decide that pursuing settlement negotiations before filing a lawsuit would take too much time. That’s why it’s so crucial to speak with lawyers in St. Louis as soon as possible after you’ve been hurt.
Regardless of when the injury occurred, consulting with an attorney is crucial. Unique factors may affect the statute of limitations in certain cases.
The Defendant Does Not Have Money
Even if you have a solid case, the defendant must be able to pay for your damages. The defendant may not have the resources to compensate your personal injury lawyer, so your case may not be worth the expense.
Suppose a motorcycle hit you while you were walking. Your brain was injured, and you incurred huge medical bills. A court may rule in your favor if you file a legal claim.
In the event of a positive verdict, suppose the motorcyclist owes you $1,000,000 in damages. Payment is not automatic following a positive verdict. If the defendant’s assets are insufficient to pay your judgment, you will not be able to collect damages.
In most personal injury cases, the plaintiff receives compensation from the liable party’s insurance provider. Unfortunately, some cases involve uninsured or underinsured defendants, making it more difficult for you to receive the compensation you are entitled to for your injuries or property damage.
A personal injury lawyer may decide that your claim is not worth the investment if this is the case. Firms specializing in personal injury usually select cases in which the defendant is confident of having adequate assets.
We have decades of experience helping clients receive successful verdicts and settlements. Bruntrager & Billings, P.C., is the firm to contact if you need a second opinion on a case that’s been denied or if you simply require top-quality lawyers in St. Louis. Contact us today.