You may have heard the phrase “ambulance chaser” before. I know I sure have. As a personal injury lawyer, I get a lot of criticism for being aggressive. People often think personal injury lawyers will take any case they can get, and they’re only in it for the money. However, the truth is I turn down far more cases than I take.
There is a strong misconception that personal injury lawsuits are frivolous, that people and lawyers try to take advantage of the system. However, looking at the system more closely, you will find that an argument without merit will get thrown out before the case even gets filed.
The following are 6 reasons a personal injury lawyer may turn down your case:
- Conflict of Interest. Attorneys have strict rules about who they can and cannot represent. If the attorney you consult has a relationship with the other party to the lawsuit, he or she cannot represent you. That would be considered a conflict of interest.
- Statute of Limitations. Every state provides, through statute, the amount of time you have to file a personal injury lawsuit following your injury. If you attempt to pursue a personal injury case outside of the time set by statute, you will be barred by the statute of limitations, and there is nothing a lawyer can do to help you.
- Lack of Insurance Coverage. If the defendant to an action has little or no insurance coverage, an attorney may be hesitant to take your case. Without insurance coverage, the defendant will have to pay out of pocket for your injuries. If the defendant is wealthy this may not be a problem, but in most cases, you will never get compensated because the defendant will file for bankruptcy on the debt.
- Contributory Negligence. In some states, if you are even 1% at fault for the your injury, you will not be eligible for compensation in a personal injury case. Therefore, if you actions, in any way, contributed the damages, an attorney may turn down your case.
- Lack of Proof. In some situations, wrongdoing is clear. However, there is no proof or documentation of the wrongdoing. The strength of your personal injury case depends on what you can prove in a court of law. Without adequate proof, an attorney may have no choice but to turn down your case.
- Minor Injuries. Personal injury lawsuits take a lot of time and money to pursue. They can last for years and years while the attorneys’ fees continue to add up. Most injury attorneys work on a contingency, which means they only get paid if their client’s claim is successful. If a personal injury lawyer doesn’t feel like your damages are significant enough, he or she may turn your case down. This isn’t because your injuries don’t matter; it is simply because the amount of time you will have to spend to get compensation will not be worth your recovery in the end.
If you feel like one of these examples might describe your personal injury lawsuit, don’t let that discourage you from talking to an experienced personal injury lawyer.
For a FREE, NO-RISK consultation, call me at 1 (800) 556-4769. If you were the victim of someone else’s negligence, don’t wonder, “What if?” Let me evaluate your case, and I will help you get the answers you deserve. As your personal injury lawyer, I’ll be there for you, and I’ll Make Them Pay!®
Author: Tim Misny | For over 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at firstname.lastname@example.org or call at 1 (800) 556-4769.