Introduction
Top-rated Cumming personal injury lawyers take on a lot of lawsuits. They may spend more than 2,150 hours per year working. However, personal injury lawyers don’t take every lawsuit that comes their way. An experienced Cumming personal injury lawyer at Henningsen can turn down your lawsuit for a variety of reasons.
Many of these reasons have nothing to do with your case. The attorneys may have concerns about their caseload or have uncertainties about your case’s merits. Let’s find out some of the most common reasons why a top-rated Cumming personal injury lawyer might turn down your case.
The Statute of Limitations has Elapsed
Each personal injury lawsuit has a time limit. This limit defines when you can file a lawsuit. Known as the statute of limitations in most states, some exceptions exist, which can extend or shorten it. As long as you’re beyond the statute of limitations, you can’t file a claim, even if your case was valid.
In some cases, an attorney will decline a lawsuit if it’s getting closer to the statute of limitations. It’s worth to remember that it takes a lot of time to investigate and learn the facts about a claim. As a result, a knowledgeable Cumming personal injury lawyer may decide to decline your claim.
There Are Liability Issues
This might sound obvious. However, personal injury attorneys represent injured individuals. This means that the injuries must be caused by another individual. Even so, proving and finding that the other party was at fault is not always straightforward.
An attorney might decline your personal injury lawsuit if liability concerns are available. The most common ones include:
- You were the main cause of the accident
- Your actions massively contributed to your injuries or the incident
- You were involved in an incident where there was a dispute about who was the main cause, and there was no police or witness to validate either side.
- There is no solid proof available to support or back up your claims
The Injuries Aren’t Severe
When you have sustained minor injuries, a tort claim mayn’t be ideal. Most personal injury victims feel that they deserve just compensation or settlement, no matter the circumstances. This is understandable.
However, it can be almost impossible to chase financial recovery for both economic and non-economic damages. Experienced personal injury lawyers use the damages of the victim to approximate the projected financial recovery.
The more financial damages or severe your injuries are, the more your claim will be worth. Very minor injuries usually translate to a smaller compensation amount.
Since knowledgeable lawyers are usually paid via contingency fees, the return on lawsuits involving smaller injuries is usually too small for the task in question. If you’ve got smaller injuries, the lawyer will more likely refuse to accept your lawsuit.
A Conflict of Interest Exists
Cumming personal injury lawyers have the responsibility to put their clients’ interests before any other thing. If an attorney has another personal injury victim whose interests run counter to yours, then this creates a conflict of interest. Since the legal expert cannot act in the interests of both clients, they shouldn’t take your lawsuit.
Let’s look at a perfect example of a conflict of interest. You’re involved in a car accident and decide to contact an attorney. But the lawyer you contact has already agreed to represent another party involved in the same incident. Typically, attorneys can’t represent opposing parties in the same lawsuit.
Your Case Isn’t the Attorney’s Area of Expertise
The personal injury field is diverse. It’s a vast umbrella that encompasses different types of lawsuits. As a result, not each personal injury attorney will have the skills and experience when it comes to handling every lawsuit. Some lawsuits are more niche within the personal injury law, including:
- Sexual abuse
- Defamation
- False imprisonment
- Product liability
If the legal expert you talked to won’t accept your lawsuit because it isn’t something they feel comfortable with, request a referral. Also, you can do an online search and identify another lawyer who deals with your case type. Experienced attorneys are usually not shy to highlight the types of cases they accept.
If you receive a “no” on your personal injury case, that isn’t the end of your lawsuit. You can still find a Cumming personal injury lawyer who can help you solve your problem. Partner with a top-rated attorney and law firm to boost your chances of winning your lawsuit and receiving the compensation you rightfully deserve.
