You have been injured or had an accident through no fault of your own – or at least you think that it was through no fault of your own. But when you seek out legal help, your case is turned down.
You may have taken advantage of several legal firms free consultation services or had a phone or online session with them, but after hearing your claim they rejected you politely.
Oftentimes they are not clear as to why they are not accepting the case and if they do explain, it is in some legal mumbo jumbo that few of us have the patience to tolerate or understand.
You or someone close to you is injured, devastated and after the disappointing session with the lawyers, you are also angry and confused.
Before you can evaluate all your options and think about the next best steps or just simply give up; take some time to go through the reasons below as to why the personal injury lawyer won’t take your case.
It may be a simple reason or your case may be a bit too complicated than you think.
Here the 10 Reasons a Personal Injury Lawyer Will Not Take Your Case
- The Statute Of Limitations Has Expired: There are strict deadlines in many states that are set by law for filing a claim. If you have missed that deadline, your claim is invalidated. Do not wait around once you have suffered an accident or injury. If you or your loved one cannot file the case immediately after the incident, have someone start the proceedings on your or their behalf. It wasn’t your fault, so do not stand back for the responsible party to go free.
- Lack Of Serious Injuries: It is not that anyone wants you to be injured severely to take notice of your case, but sometimes in the opinion of personal injury lawyers or the law firms, the injuries suffered are too minor to make the time and effort to pursue a claim for them. These attorneys are experienced enough to analyze which claim has the potential to be taken seriously and extract a settlement from it or take it to trial. They know if the case is winnable or not; the lawyer can be sanctioned for wasting the courts time if they take a case that has little or no merit to the court. Even if the case is taken up by an attorney it would simply face a dismissal motion by the defendant and if it is accepted, it would have wasted everyone’s time and money.
- The Case Has Little Chances Of Winning: In their legal and financial terms, it is not worth the money to take to on your claim and pursue it further. Most lawyers and law firms invest time and money on personal injury cases; they usually work on a contingency fee basis. Before a claim is settled, they spend their own finances on the investigation, medical reports, gathering pieces of evidence etc., so these attorneys are critical in their analysis of your case, they need a definite claim on which a sound case can be established. In your case, the statute of limitations may have expired, or lack of serious injuries or confusion of who to blame may exist.
- It Is Not A Personal Injury Case: Yes, you have suffered, but your case may not fall under the personal injury cases umbrella, your claim may need another lawyer or another branch of law. Commonly the personal injury lawyers that are contacted, are those who cover general cases – injuries that are routine such as road accidents, falls, burns, construction site injuries or animal bites. It may be that your claim is not covered by tort law (personal injury law), but chances are that it needs a lawyer who specializes in other forms of personal injury especially, medical malpractice, products liability or workers compensation. Consult relevant expert attorneys before losing hope.
- It Is Not Clear Who To Blame: You were hurt, but it is not clear who to blame. Without someone to file a claim against, you do not have a case. These instances may include cases
- where here were many factors involved in your accident, or
- your accident happened despite the safety precautions taken by the defendant who would be blamed
- there are more than one defendants involved
- a freak nature accident was the cause
- where it is hard to prove that a breach of duty has taken place (i.e. the party responsible had in anyway forgone their duty or cut back on finances set aside for it)
In these and other instances, it is difficult to pinpoint the blame on a single person or entity and it is not feasible to involve multiple defendants in a single claim; there are chances that the claim would be dismissed.
- You Are To Blame: Chances are that when you told the whole story to the attorneys in the consultation session, they may have found that you were partly or wholly to blame. For example, lawyers do not usually entertain cases of drunk or rash driving. Your distraction may have caused the accident (texting and walking) or you have may ignore the warning signs placed around. Or you were feeling adventurous and ventured knowingly and willingly in a danger zone or situation (cliff diving, entering cordoned off areas, etc.). A lawyer can still take up your case to sue for partial damages, but then again they may feel that the claim would not be strong enough to pursue.
- You Have Been Rejected Before: Telling potential lawyers that your case has been vetted and rejected by other attorneys already, raise some big red flags and question in their minds. They become reluctant to take up cases that have already been rejected by many others before them. Besides money, these attorneys are also concerned about penalization from the courts; so they may think that filing a claim rebuffed by several others may bring down some sanction or penalization from the jurisdiction system. Even if your case lacks the merits of a strong claim, try not to discuss the opinions the previous lawyers have already expressed about it.
- You Are Just Interested In The Compensation Money: A good lawyer tells you upfront that there is no guarantee for a settlement and never gives you a ball-park estimate of the amount of settlement money you can expect. Spending your whole consultation meeting focused only on the financial reward does not make you an attractive client. They think that you are only shopping for a legal representative that promises you the biggest compensation rewards. This behavior might also be taken as an affront to the personal injury lawyers’services; for they spend a considerable amount of time and money investigating and researching and the prime reason for filing personal injury claims is to prevent further injuries and accidents from happening – not to cash in on them.
- You Are In The Wrong Place: Your accident and claim may be out of state or not fall under that region. Consult a lawyer in that the relevant jurisdiction for it would be very difficult for a lawyer that is out of state to keep up with the communication with you, the defendant and the insurance companies, or conduct investigation or meet up and convince witnesses.
- The Case May Be Too Costly Or They Are Too Busy: Lawyers mostly work on contingency fee basis, so if and until there is a settlement paid, they work for free and often pay for legal, administrative and medical expenses from their own pockets, so if a case looks complicated and time-consuming, they may avoid taking it up further. The attorneys may also reject cases simply because they may be too busy – have their hands full with other cases. You can always consult another one in that scenario as this field has many potential players.
Step back a little, take a deep breath and now analyze your case with a fresh perspective. Your case may need only another lawyer with a less busy schedule or a lawyer with the right expertise. It is not necessary to accept no if they give you a rejection if you feel that your claim is strong and that you should have your due compensation – the go ahead and find the right lawyer for it.