People file personal injury claims when they have sustained losses due to the negligence of a person. Following are some of the common types of personal injury cases that people file:
- Auto accidents
- Slip and fall accidents
- Construction accidents
- Medical malpractice
- Bicycle accidents
People file to recover their losses. They will sustain two types of losses:
- Economic losses
- Non-economic losses
To recover these losses, you need to prove the elements of personal injury law. This can be done if you hire an experienced personal injury lawyer. For example, choosing Mickey Fine for your personal injury case would be great since he is an experienced personal injury lawyer and can obtain fair compensation easily.
Hiring a lawyer has many benefits, such as:
- Protection from insurance companies
- Calculating exact losses
- Contacts with expert witnesses
- Reduce your stress
A lawyer can help in the above ways and more. However, sometimes a lawyer may refuse to take your case. They will have valid reasons for that. This article discusses the reasons why a lawyer may reject your case.
Following are some of the reasons why a lawyer may reject your case:
- The statute of limitations has passed
- Little or no evidence
- The defendant lacks money
- Contributory negligence rule
- Out of their area of expertise
The Statute of Limitations Has Passed
The statute of limitations is the rule that governs the time limit within which a plaintiff can file their case. In most states, the statute of limitations for accident cases is three years. It means the plaintiff must file a claim before the time expires.
A lawyer may reject your case if the statute of limitations has expired. There is no other way to work around this rule. You simply cannot file a claim if the statute of limitations has expired.
Little or No Evidence
As a plaintiff, you have the responsibility to prove your case. You bear the burden of proof, so it is your duty to prove the elements of personal injury law, which are:
- Duty of care
- Breach of duty of care
You need relevant evidence, like medical bills, photos, and videos, to prove the above. Not having enough evidence can complicate your case. A lawyer gets their fee only if they win, so they may avoid taking cases like these.
Defendant Lacks Money
In a personal injury claim, you are seeking money from the person who caused the accident. If the at-fault party has insurance, the insurance company may cover your losses. But sometimes, your losses may exceed their insurance coverage.
In such cases, the defendant has to pay for your losses. If the defendant doesn’t have money, it is a waste of time to file a case. Even if you win the case, you will not get your money. If you don’t get your money, the lawyer won’t get their share.
Contributory Negligence Rule
According to the contributory negligence rule, the victim cannot file a claim even if they are 1% responsible for the accident. This rule is now replaced in most states. But even now, it is followed by five states.
If you live in one of those five states and are partially responsible for the accident, the lawyer may not take your case.
Out of Their Area of Expertise
Sometimes, the reason for not taking your case can be as simple as it is out of their area of expertise. You cannot go to a criminal lawyer for a civil case. You need to find the right lawyer for your case.
Personal injury law is a vast field. Personal injury cases range from auto accidents to toxic exposure and more. You need to find a lawyer who is an expert in dealing with your particular type of case.
One lawyer not taking your case is not the end of the world. Get two to three consultations and get their opinions too. Conduct proper research and select a good lawyer because they are crucial to winning a personal injury case.