Do I Have A Personal Injury Case?

When you’ve been injured in a car accident, slip and fall, workplace accident, or another unfortunate event, you may have a personal injury case. If you were not responsible for the accident and you have medical bills, lost wages, or other damages to pay, your case may be valid.

What Are The Basic Elements Of A Personal Injury Claim?

When filing a personal injury claim, there needs to be proof of negligence to recover your compensation. Negligence has four elements, including duty of care, breach of duty, direct and proximate cause, and injury or damages.

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Why Might Farah & Farah Not Take My Case?

What Are Some Reasons a Lawyer Won't Take My Case?

When looking for an attorney for your case, it’s important to remember that value is the most vital element. Getting the most out of your personal injury claim requires hiring a reputable law firm that can give you one-on-one support. Plenty of law firms advertise on TV, in magazines, and on the radio, making it seem like they can do anything for any client possible, regardless of circumstances.

Almost every day, people ask, “Is there a reason a lawyer won’t take my case?” And the answer to that question can depend on a variety of circumstances, including the statute of limitations, lack of expertise, proving liability, insurance coverage, and the injuries.

Below we’ve outlined some answers to why a personal injury lawyer may be hesitant to take on your case.

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The Statute of Limitations Has Run Out

The statute of limitations is a mandate that puts a deadline on your ability to pursue justice. A personal injury case can depend on the cause of the lawsuit (intentional tort vs. negligence) and where the injury occurs. Each state’s varying statute of limitations is one reason you need to act quickly after an incident. If the statute of limitations has passed for your case, you will not be able to pursue compensation for your injuries.

Lack of Expertise

There are almost limitless reasons for hiring a personal injury lawyer. Many people don’t realize that lawyers generally specialize in a specific field related to their education. They want to do what’s right by you and won’t want to jeopardize your case by representing it in a field where they don’t have any experience. You wouldn’t hire someone who fixes your car to re-tile your bathroom. Similarly, you should only hire a lawyer specializing in the type of law you need. Otherwise, you risk not getting your case the full attention it deserves, which may wind up costing you in the long run.

Questions of Liability or Difficulty To Prove Fault

Unclear liability in a case is one of the biggest hurdles to the recovery process. Accidents like slip and falls or medical malpractice require careful consideration and significant resources to develop. Regardless if the attorney believes you, proving fault is not always easy, even in clear-cut wrongdoing. Unfortunately their hands may be tied by the limits of the law.

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The Defendant Doesn’t Have Insurance

A lawyer may not take your case if there is no way to recover a meaningful amount for your accident. This is especially true for people who are victims of the underinsured or uninsured. For example, an attorney can provide limited recourse if an uninsured driver hits you on your bicycle.

We are passionate about doing what’s right. One of the ways we honor that value is by offering our services on a contingency basis, where we don’t charge our clients anything unless we win. This means that we can’t afford to take on every case, especially not when they are not financially sound for our practice.

No Injuries

While accidents can cause many types of serious injuries, not every accident results in debilitating conditions or high-dollar property damage. A good rule of thumb for assessing the dollar value of an accident is that the more severe damages usually equate to a greater payout. If you were lucky enough to walk away unscathed, you might have a more challenging time convincing a lawyer to take on your case.

It can be a tough fact for the legal profession — especially in cases that involve clear-cut negligence or personal insult. Likewise, if property damage is insignificant, there is less incentive to pursue the case.

So, What To Do if a Lawyer Won’t Take Your Case?

It is important to understand that no two cases or attorneys are the same. If a lawyer doesn’t take your case, they will usually give you a reason why. Even if one lawyer doesn’t believe in your case, that doesn’t mean that you shouldn’t try asking other firms.

You can view your rejections as an opportunity to find more persuasive evidence for your claim. Remember: you can always re-submit your case for review. You should never feel discouraged because one law firm denied your case. It is always your right to seek out a free consultation with a new attorney.

For over 40 years, Farah & Farah have championed the rights of people throughout Florida and Georgia. Get your free, no-obligation case review with one of our compassionate attorneys now.

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