Why wont a personal injury lawyer take my case?
If you have been injured in a serious accident due to the negligence of another person you may be in desperate need of help, but what do you do if you have talked to several personal injury lawyers and they have refused to help you? Recently on our legal forum a user asked, "Why won't an injury lawyer take my case?" There are several reasons a lawyer may not hurt your case.
Reasons an injury lawyer may refuse a case
1. Personal injury lawyers have limited time and resources
Some of the most common reasons a lawyer will refuse to represent an injured party is because they do not believe they can win the case or the claimant is not seriously injured. Some law offices get dozens of calls each day from claimants who do not have a strong injury case or they do not have significant injuries.
For example, if you have been injured you will need to prove the defendant had a duty towards you, they breached that duty, the breach was the proximate cause of your injuries, and you suffered loss. After reviewing the elements of your personal injury case, the lawyer may decide they cannot prove any or all of the elements of your injury claim.
2. You are responsible in part or whole for your own injuries
States have various laws which determine when injured parties are compensated after an injury. States may have instituted a comparative negligence, contributory negligence, or a modified comparative negligence statute.
For instance, some states will only allocate compensation to claimants who were not at all responsible for their injuries (contributory negligence). Other states determine guilt and allocate the percentages accordingly (comparative negligence). Other states determine if a claimant is 50% or less or 51% or less (modified comparative negligence) at fault for their injuries and only award compensation to claimant's who culpability falls below the state's specified threshold.
If a lawyer believes they cannot win your case under your state's statutes, they may not be willing to take your case.
3. You have not received proper medical treatment
Compensatory compensation for personal injury claims are calculated based on evidence of loss, including the costs for medical care. If you are considering filing a personal injury lawsuit it is important to receive proper medical treatment and have medical bills and other records to document the costs of medical care. All cases need evidence. If you do not have evidence, there is no case.
4. They do not believe they can win your case
Personal injury lawyers work on a contingency fee basis. While this can help claimants who have a strong case but do not have the upfront funds to hire a lawyer, if you do not have a good case and the lawyer does not believe they can win, they are unlikely to take your case because if they cannot win, they will not receive payment.
The bottom line is different attorneys have different workloads and different criteria for taking cases. Don't give up without contacting several lawyers.
Compensation for medical malpractice can include economic and non-economic damages, potentially including punitive damages.