Why Didn’t the Personal Injury Attorney Take My Case?
If you have called numerous law firms and spoken to several attorneys only to have your case rejected, you might be wondering what the problem is and why you cannot seem to find an attorney who will represent you. This is, understandably, disappointing and frustrating, but it does not necessarily mean no one will take your case or that you should lose all hope. That said it is important to understand why an attorney might have turned down your case.
Here are some of the most common reasons why an attorney might decline to represent your case:
- It is outside of their practice area: Generally, attorneys will not accept a case if it involves a practice area with which they have no experience. It is just as much for your benefit as it is for theirs that they do not accept your case under these circumstances since he or she will not be prepared to effectively represent you. If this is the reason why an attorney turned down your case, it just means you need to find someone else who specializes in the practice area of your case.
- Time limitations: There are some law firms that receive hundreds of calls a month regarding injuries that involve another party’s negligence. When a firm has such a high volume of calls, they have to evaluate cases and determine how they can do the most good. Unfortunately, this sometimes means they have to turn down some cases if they believe they cannot do their best.
- Low damages, harms, or losses: If you only sustained minor injuries, such as scrapes and bruises, it is possible that you might not benefit from hiring an attorney. In some cases, it would not do a vast amount of good for an injury victim with low damages to pay for an attorney to represent them.
- Legal costs: Additionally, if you have very low damages, the compensation you receive will likely be overshadowed by the legal fees associated with your case. These legal expenses will include filing fees, expert opinions, and medical record costs. You could end up receiving a marginal amount of compensation or breaking even at the end of the day. Many law firms will decline to accept a case where a majority of the awarded compensation will be used for legal fees.
- Question of liability: If it is unclear whether an injury victim is at fault, even partially, for an accident, a personal injury attorney will probably refuse to represent that individual.
- Little to no medical treatment: A major part of any personal injury case is the medical records of the injured party. Seeking medical treatment should be among your top priorities after being involved in an accident. If you have injuries, but failed to seek treatment after your accident and have no record or documentation of medical visits, or appointments, an attorney will have a tough time handling your claim. Make sure you see a doctor after being involved in an accident to avoid running into the issue of not having any supporting evidence for your personal injury case.
- Lack of insurance coverage: If the individual who injured you does not have insurance or if you are lacking uninsured or underinsured motorist coverage, there might not be a realistic means to compensate you. A person with limited means will not be able to pay a judgment and will likely just file for bankruptcy to avoid it.
- Out of state: You should always seek to find an attorney to represent your case in the state in which you were injured. If you contact an attorney who is located in another state, he or she might not be able to help you unless licensed to practice in your state as well.
Remember, just because an attorney declined to take on your case does not mean you have to give up. If your injuries were caused by someone else’s negligence and you received proper medical care and have the necessary supporting documentation, do not be discouraged by an attorney’s refusal to represent your case.
Personal Injury Attorneys in Norfolk
If you were recently involved in an accident caused by another person’s negligent or careless actions, you have a right to pursue fair and just compensation to cover your medical expenses, lost wages, and other costs associated with your accident. At Kalfus & Nachman, PC, our Norfolk personal injury attorneys strive to ensure the best awards or settlements for our clients.
Call our firm at (855) 880-8163 to set up a free case review with a member of our legal team. We work quickly to seek the justice you deserve.