Following an accident or injury, it is a good idea to reach out to a personal injury law firm. Most reputable attorneys will offer you a no-cost consultation to discuss the facts of your case.
But even if you believe your consultation went well, you may find that the lawyer decides not to represent you. It is normal to feel upset and confused when an attorney declines to take your case.
Personal injury attorneys have a passion for helping accident victims. But in some cases, they may discourage you from filing legal action.
Experienced legal experts understand that not every car accident or minor injury can function as the basis of a valid claim. A seasoned lawyer will not want to waste your time by pursuing a case that is unwinnable.
Below, we will examine several reasons that a personal injury attorney might decline to take your case. Regardless of the circumstances of your accident, it is important to consult with a skilled legal professional.
Lack of Severe Injuries
To file a successful personal injury case, you will need to show that your accident resulted in significant damage. In general, more severe injuries result in larger settlements or verdict amounts.
Those injuries that result in successful legal claims usually have a significant effect on the victim’s day-to-day life.
Severe injuries often result in changes to the victim’s activities, including:
- A necessary change in jobs or vocations
- Ongoing medical expenses and costs
- An inability to fulfill family-related responsibilities
- Continuing physical discomfort or mental distress
Personal injury claims are useful for pursuing financial recovery for the costs associated with an accident. Some people suffer a very minor injury and hope to file a lawsuit “on principle.”
Seasoned attorneys will understand that this type of legal claim is unlikely to be successful. Because of this, a lawyer may decide not to represent you in the absence of significant injuries.
It is Unclear Who is At Fault
Legal liability is one of the most important elements of any personal injury claim. To file a successful lawsuit, you need to show that another party’s actions led to the damages that you suffered.
In most injury cases, this will involve showing that the opposing party was negligent. The legal concept of “negligence” involves four distinct elements:
In most accident claims, the plaintiff must show that the other party owed them a duty of care. For example, drivers have a duty of care to other motorists, passengers, and pedestrians.
When someone owes a duty of care, they have a responsibility to behave in a reasonably safe and lawful manner. Proving that the defendant owed this duty is a crucial part of most injury claims
The claimant must also prove that the liable party breached their duty of care. This typically means that the defendant behaved in a way that was unreasonably unsafe or careless.
For instance, if a motorist engaged in a dangerous and illegal maneuver, they have breached their duty of care.
The plaintiff in a negligence case must also provide evidence that the opposing party’s actions caused the harm they suffered. If another factor significantly contributed to the claimant’s injuries, it will be difficult to prove negligence.
Finally, the claimant must show that the liable party’s careless actions caused actual harm. When an action is only potentially harmful, it does not rise to the legal standard of negligence.
If an attorney believes it will be impossible to prove that another party’s negligence led to your accident, they may refuse your case.
The Case is Highly Complex or Technical
Many personal injury cases are relatively straightforward. Suppose that you were crossing a street and were hit by a motorist who ran a traffic light. A situation like this presents a clear case of negligence. But many injury cases are not this simple.
Suppose that you were trying on clothing in a store’s dressing room. If a metal label snapped off and hit you in the eye, you may hope to file suit for damages.
A case like this could involve multiple liable parties, retailers, and other corporations. Some attorneys will have the skills and experience to handle such a complex case. Unfortunately, others will not.
Make sure to contact a personal injury firm with a long and successful track record to represent you.
You Are Too Concerned with the Payout or Settlement
Injury victims deserve to recover compensation for the costs that they have sustained. However, lawyers rarely want to represent clients who are only interested in the largest payout possible.
If you seem like you are looking for a legal professional who promises you the most money, an attorney may decline to represent you.
Most personal injury cases involve both economic and non-economic damages. It can be very difficult to calculate the amount of non-economic damages in a personal injury claim. This is especially true before an attorney has taken your case.
If you are too eager to find out the exact value of your case, an attorney might believe that you are only an opportunist. Most seasoned lawyers know that it would be irresponsible to promise you a certain amount, especially during an initial consultation.
The Statute of Limitations Has Expired
A “statute of limitations” is a legal time limit. Victims who hope to recover damages from their injuries need to file a legal claim before this time period has passed.
In the state of Florida, personal injury cases are usually subject to a statute of limitations of four years. Even if the statute of limitations has not lapsed yet, seeking recovery from an injury that happened years ago may be incredibly difficult.
Contact Brannon & Brannon for Help After an Accident
If you are hoping to file a personal injury claim, an attorney can help you to understand the potential strength of your case.
When you need legal representation in the state of Florida, contact Brannon & Brannon. Our skilled attorneys know how to secure maximum compensation for personal injury victims.
No case is too difficult for our seasoned accident lawyers. Call us today for a free legal consultation.