Personal Injury Lawyer – Personal injury victims can recover compensation from the negligent party. If you sustained injuries following a car accident, you should seek help from car accident lawyers when filing compensation claims. Unfortunately, finding legal help isn’t as easy as you think. A personal injury attorney can turn down requests for representation due to many reasons. Lawyers will hesitate or decline your car accident case because of the following common issues.
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1. You Waited Too Long
Most states have a statute of limitations that guide personal injury victims on the deadlines for filing compensation claims. This often extends from two to four years for personal injury cases. You can’t pursue a compensation claim if your accident occurred long ago.
Your contacted attorney can turn down your case if they discover that your injuries occurred three or four years ago. Even if the statute of limitations hasn’t expired, it often takes longer to complete settlement negotiations. This explains why victims should consult a Long Island truck accident lawyer immediately after the incident.
2. Circumstances Surrounding the Case
Before taking the case, personal injury attorneys critically analyze the circumstances surrounding the accident. Before filing a claim, they should ascertain that the defendant breached the legal duty of the case. Simply put, the responsible party should have committed an offense that caused injuries or property damage. The existence of injuries isn’t enough to prove someone is liable for the damages.
For instance, suppose you got into a car accident and sustained back injuries; the presence of these injuries isn’t enough to pursue a compensation claim if it’s unclear who’s at fault for the accident. Proving negligence is very crucial in personal injury cases. If the attorney reviews your case and determines that proving the other party is liable, they can turn down your case.
3. Injuries are Minor
Most car accident victims presume they deserve compensation regardless of the circumstances. However, tort claims won’t make sense if the victim sustained minor injuries. Pursuing financial recovery for minor injuries is impossible. Car accident attorneys work on a contingency basis and evaluate the possible financial compensation based on the victim’s damages.
The more severe the injuries and financial damages, the more the claim is worth. Minimal injuries attract very little compensation, which won’t be enough to compensate the attorney’s time and effort.
4. The Defendant isn’t Financially Stable
Interestingly, even with an airtight case, the defendant should be financially stable to pay the damages. If the defendant isn’t insured and lacks the financial muscle to compensate for the damages, the case won’t be a worthwhile investment to the attorney. Unknown to most people, a positive verdict in personal injury cases doesn’t always translate to payment. You can’t collect the payment owed if the defendant isn’t insured and lacks enough assets.
Finding a reputable personal injury attorney is challenging. That aside, a lawyer can dismiss your request for various reasons. While you can’t pursue claims if the statute of limitations has expired, you can consult other attorneys if a lawyer rejects your case for other reasons.