Filing a personal injury claim following an accident is crucial. Filing a claim is important for two reasons:
- Helps victims recover from their losses
- It allows the victim to hold the negligent party accountable for their actions
Filing a claim is not enough, as the plaintiff must prove their case. In personal injury cases, the plaintiff (the victim) bears the burden of proof. It means they must prove the following:
- Duty of care
- Breach of duty of care
- Causation
- Damages
To prove the above, you will need the help of top personal injury lawyers. Reputable law firms, such as The Law Offices of Emroch & Kilduff, LLP, can help you prove the elements of personal injury law. They can get you the compensation you deserve.
However, there are times when personal injury lawyers may not take your case. They do this only when they have a valid reason to do so. Following are some of the common reasons why they may not take your case:
- Statute of limitations
- No medical records
- Out of their area of expertise
- Your injuries are minor
- The defendant doesn’t have money
- No clear liability
Statute of Limitations
When reviewing your case facts, the first thing the lawyer will look for is the date of the accident.
The reason for this is that you will not be able to file a claim after a certain period. The statute of limitations rule prevents victims from filing a case for an accident after a specific period.
This rule exists to protect the defendant from fraudulent claims. For most cases, the statute of limitations is around three years. So, you will not be able to file a case after that point.
If the lawyer rejects your case for this reason, you do not have to ask for a second opinion. No lawyer will take the case since you cannot file one.
No Medical Records
Medical records play a huge role when it comes to proving your case. Medical records can prove the following things:
- You sustained injuries due to the accident
- You have incurred financial losses in treating your injuries
- Proves the severity of your injuries
- Proves the long-term consequences of your injuries
Without medical bills, proving the above can be really hard. This is the reason why lawyers advise victims to get medical treatment immediately after the accident.
When you don’t get medical treatment following an accident, the insurance company may try to use it to their advantage. They may do things like:
- Claiming that your injuries are not severe
- Saying that you intentionally made your injuries worse by not going to a doctor
So, lawyers may refuse to take cases in which the victim did not seek medical attention.
Out of Their Area of Expertise
Sometimes, lawyers may not take your case simply because it is not their area of expertise. Personal injury law has many types. From slip and falls to toxic chemical exposure, there are a lot of varieties.
Not all lawyers are experts in all those categories. A lawyer might be an expert in car accident cases, but that doesn’t mean they can help with slip and fall accident cases.
Similarly, experienced criminal lawyers cannot deal with civil cases. You need to consult the right lawyer for them to accept your case.
Your Injuries are Minor
Personal injury lawyers get paid through contingency fees. It means they get a percentage of your settlement amount as their fee. When your injuries are minor, it is obvious that you will get less money as compensation.
As a result, the lawyer will also get a minimal amount as a fee for their work. Regardless of the severity of your injury, the lawyer has to do the same amount of work.
So, what will happen is that the lawyer will get a low fee for their hard work. This is a common reason why a lawyer may not take your case.
The Defendant Doesn’t Have Money
When you claim compensation, the insurance company of the defendant will pay for your losses. In case the defendant is underinsured or uninsured, the defendant will have to compensate your losses.
So, the lawyer will check whether the defendant is capable of paying the compensation you are seeking.
If the defendant doesn’t have enough money to compensate you, there is no use in claiming compensation. You will not get paid even if you win the case.
No Clear Liability
As said, proving negligence is the plaintiff’s duty. The first step in proving negligence is determining liability. You need to know who caused the accident to file a personal injury claim.
Some cases will have clear liability, and some won’t. Not having a clear liability complicates the case. The lawyer will have to put in more work to win these types of cases.
In some cases, determining liability can be impossible. Personal injury lawyers may not take such cases.
Final Thoughts
Just because one lawyer rejected your case doesn’t mean all lawyers will, unless the statute of limitations is over. Always get a second opinion from reputed lawyers. Remember that most personal injury lawyers offer a free initial consultation. So, it doesn’t cost you anything to get a second opinion.
