(ThyBlackMan.com) If you are suffering from an injury caused by someone else, it is natural and reasonable that you want justice. The best way to do this is by filing a personal injury claim. But what happens if a lawyer refuses to accept your case? Unfortunately, this happens quite often, and there are several reasons why. Understanding why a lawyer may not take your case is important so that you can reassess your options and expectations.
Put together by a personal injury lawyer, here are 8 reasons why a lawyer may not take your case.
1. There is no case – Each state has specific laws and guidelines for determining if a client has grounds to file a lawsuit. This often refers to the relationship between the plaintiff (victim) and defendant (person responsible), harm caused and damages caused by said harm.
2. There is no actual loss – If you suffered emotionally from an accident or injury but did not suffer any physical injuries or have any financial losses, then a lawyer may not find sufficient grounds to file a lawsuit.
3. The statute of limitations has passed – Personal injury lawsuits must be filed within a specific amount of time – generally two years from the date of the injury. If the statute of limitations has expired, a personal injury lawyer may not be able to help you file a lawsuit as the court almost always denies these cases.
4. There are case-specific factors – Some lawyers will not accept cases that have specific factors that are likely to result in their client losing. For example, an accident that was caused by the plaintiff. Or, the plaintiff was injured while committing a crime.
5. Conflict of interest – If the lawyer is related to the plaintiff then he or she would have a conflict of interest in taking on the case.
6. The lawyer doesn’t specialize in personal injury law – Another reason why a personal injury lawyer may not take your case is if he or she does not have experience with the type of case that you have. Some personal injury lawyers specialize in one area of law, such as car accidents, medical malpractice or product liability.
7. The defendant has limited resources – Sometimes the defendant in a personal injury lawsuit has limited resources from which to pay an award to the plaintiff. In these cases, a personal injury lawyer may feel like the lawsuit is a futile effort and may not be willing to take the case.
8. Poor rapport – While this may seem to some to be a petty reason not to take on a personal injury case, it is quite valid. Personal injury cases take weeks, months or sometimes years to resolve. The plaintiff and his or her lawyer will spend a considerable amount of time working together. If they don’t get along, then the case could suffer the consequences.
Staff Writer; Steve Shaw