Im having trouble finding a lawyer for my personal injury case
Personal injury lawyers want to win injury cases. In fact, because they work on a contingency fee basis they will only get paid if they win your case. So if you are looking for an injury lawyer and you are not able to find one willing to take your case, it's time to take a hard look at your case and decide if you have a case you can win. There are several reasons lawyers do not take injury cases and each reason is discussed below.
The elements of the case cannot be proven
Winning an injury case is more than whether or not you were injured due to the negligence of another person, entity or business. It's not what you know or don't know; it's about what you can prove. If you cannot prove the elements of your case with good, strong evidence you will not win.
So if a lawyer will not take your case it's time to evaluate the elements of your case. First, can you prove the defendant owed you a duty of care? Can you prove the defendant breached their duty towards you? Can you prove their breach was the proximate cause of your injuries? Can you prove you were injured or suffered loss?
It's not uncommon for claimants to prove the first three elements of their claim. For instance, if you have been in a car accident and you were hit by a driver who was speeding you can prove the first three elements, but what if you were not injured and there is no property damage? You do not have a personal injury claim.
You have not received medical care for your injuries
Next, the personal injury lawyer will expect that you have received proper medical care for your injuries. Compensation for serious injuries will include what could be very costly medical care. If you have not received medical treatment there is no way to adequately calculate the true cost of your injuries.
You are responsible in part or whole for your own injuries
Next, the personal injury lawyer will evaluate if your actions caused your own injuries. State laws vary. In some states if your actions caused your injuries you will not be allowed to receive compensation. In these states a lawyer will not take your case if they cannot prove you were not responsible for your own injuries or loss.
You have not suffered substantial loss
Winning a personal injury lawsuit can take time and money. Personal injury lawyers will not take cases if the possible compensation or award will not cover their expenses of arguing and presenting a case. If you have talked to several injury lawyers and they have refused to take your case it could be simply because the case will not generate sufficient compensation to be worth their efforts.
What's the next step? Talk to the lawyer. Ask them questions about why they won't take your case and what you can do to make it better. Talk to several lawyers. Just because one won't take your case may not mean you won't eventually find a lawyer who will.
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Category: Injury Law