4 Reasons Why a Destin Personal Injury Lawyer Will Not Take Your Case
Paul Brannon | June 20, 2022 | Personal Injury
Suppose that you’ve been injured in a car accident, wounded on the job, or hurt by a defective consumer product. In that case, you’re probably looking for a skilled Destin personal injury lawyer to help with your claim for damages.
You may think you have a great case to seek damages, but you may still have trouble finding a Destin personal injury attorney who will represent you. There are many reasons a lawyer could turn down a case, and these reasons may not have anything to do with the strength of your case or the likelihood you’ll win.
Lawyers are busy representing many clients and have only a finite amount of time. The duties that lawyers owe the legal system, their firm, and their clients are important and may cause a lawyer to decline representation for a new client.
This article will look at four reasons a Destin personal injury lawyer may not choose to represent you. However, it’s always best to get a second legal opinion.
1. There Are Problems With Your Case
There could be legal problems with your case, which the lawyer must inform you about and decline representation. Lawyers have a duty to the Florida court system to refrain from filing what it deems “frivolous lawsuits.” They’re also obliged to give you honest legal advice.
One problem with your case may be that the statute of limitations for filing the lawsuit has passed. In Florida, the statute of limitations for most personal injury cases is four years from the accident date.
Another issue with your case may be an unclear determination of liability. Sometimes, determining fault in personal injury cases can be complicated.
2. There Could Be Issues With Recovering Damages
Most personal injury lawyers work on a contingency fee basis, meaning they get paid a percentage of your settlement or verdict if they win your case.
However, if you receive nothing, neither will your lawyer. Even if you have a strong set of facts, if the defendant doesn’t have the money to pay the settlement, your lawyer (and you) will have wasted a lot of time and effort for nothing.
There are a few common reasons the at-fault party may be unable to pay for damages, such as:
- They have no insurance to cover the damages
- They file for bankruptcy
- They have no assets to pay for the claim
That being said, lawyers may view the issue of damages differently. If a lawyer declines representation because they believe the defendant cannot pay the claim, you may want to get a second opinion.
3. The Lawyer Has a Conflict of Interest
Attorneys have a duty of loyalty to their clients. If the lawyer you’re talking to has a personal or professional interest that could compromise their loyalty to a current client or affect you as a potential one, they have a responsibility to decline your case.
For example, if you slipped and fell at a local boutique, but the lawyer you’re consulting already represents the store, they have a conflict of interest in your case.
4. They Don’t Have the Resources to Pursue Your Case
Your personal injury lawyer should have the time, knowledge, and financial wherewithal to pursue your case. If they don’t feel confident enough in their ability to handle your kind of situation, they have a responsibility to decline your claim.
They may not be familiar with the potential legal issues or have time to provide you with effective representation. Or they may simply be unable to cover your case’s costs upfront.
Seek a Second Opinion from Another Destin Personal Injury Lawyer
Just because one attorney isn’t able to take your case doesn’t mean you should give up. Other Destin personal injury lawyers may be in a better position to represent you. Most personal injury lawyers offer a free initial consultation. Therefore, contact another attorney for a second opinion if a lawyer refuses to take your case.
Contact Our Personal Injury Law Firm in Northwest Florida
We have two convenient locations in Northwest Florida:
Brannon & Brannon Personal Injury Attorneys – Destin Office
4507 Furling Ln Suite 214
Destin, FL 32541
Brannon & Brannon Personal Injury Attorneys – Fort Walton Beach Office
975 Mar Walt Dr
Fort Walton Beach, FL 32547