If you suffer injuries from an accident, you should hire a personal injury lawyer to fight for your compensation. However, not every personal injury attorney will take your case. In fact, some attorneys may decide to turn your case down.
There are many reasons why a personal injury lawyer may turn down your particular case. Here are some of the most common factors personal injury lawyers consider when reviewing a potential case or lawsuit.
1. Your Injuries Are Not Serious Enough
Personal injury lawyers gauge the expected return of a case based on the seriousness of the injury. Ultimately, the most important factor in building a case is the injury.
If you sustain a minor injury, a personal injury lawyer might decline the case. They might also pass on your claim if they believe that bringing your case to court won’t get you enough money for your effort.
2. The Statute of Limitations Expired
Every state has a different statute of limitations for personal injury claims. If the statute of limitations expires, in the majority of cases, state law bars you from making a case.
For example, the statute of limitations for personal injury cases in Georgia expires two years from the date of the injury.
Even if it doesn’t seem fair to victims, the statute of limitations requires lawsuits to proceed soon after an accident. This is because witnesses and medical exams are likely to be more accurate and persuasive.
The statute of limitations prevents victims from filing lawsuits several years after an accident for this reason. The earlier you seek out a personal injury attorney for your personal injury lawsuit, the better.
3. Difficulty Establishing Liable Parties
Even if you believe that you deserve a certain amount of compensation, the viability of your case depends on who is at fault. Personal injury lawyers evaluate who is responsible for an accident before they take a case.
If the other party is not responsible for the accident, a personal injury lawyer may deny the case. Also, if you are found to be more than 50% at fault, in the State of Georgia, you will be denied compensation based on Georgia’s modified comparative fault approach.
4. The Case is Too Financially Risky
If the risk of pursuing a case is not worth the reward, a personal injury lawyer may deny your case.
Since many personal injury lawyers work on a contingency fee basis, they do not get paid unless they win a client’s case.
A personal injury lawyer working on a contingency fee basis will not get paid if they lose your case. Thus, most personal injury lawyers only take cases that they think they can win.
5. You Have an Unrealistic Value For Your Claim
Although sustaining injuries is frustrating, expecting an unreasonable settlement might hurt your case. Unfortunately much of the media you are exposed to may tend to misinform you about the realistic value of your case.
TV commercials and radio ads may have placed an inaccurate expectation of what your personal injury claim is worth.
A personal injury lawyer may work hard to get you the compensation you deserve for your injuries. Yet, they also set realistic expectations.
Trying to sue for inflated amounts makes it difficult for a personal injury lawyer to settle your case. Instead, most attorneys give you recommendations on how to calculate damages for your case.
6. Other Lawyers Rejected the Case
It is essential to find the right attorney for your personal injury case.
However, if previous personal injury lawyers rejected your case, lawyers see this as a red flag.
They usually perceive that there is a problem with your case if previous lawyers denied it.
7. The Defendant Has Limited Resources
Personal injury lawyers may reject your case if the person at fault for your injuries does not have enough money to pay the claim. While insurance sometimes covers the damages the victim sustains, some defendants do not have insurance coverage to pay them.
If a defendant is unlikely to pay a judgment on a case, a personal injury lawyer may deny it because they are less likely to get paid.
Contact Us to Discuss Your Case With an Experienced Personal Injury Lawyer
If you sustain injuries from an accident, you will likely need legal assistance. At Pritchard Injury Firm, we help accident victims get the best compensation possible for their injuries. We represent cases ranging from car accidents to slip and falls.