If you have been injured at work or slipped on a grape in a supermarket, you may want to consult with a personal injury attorney. However, there are several reasons why an attorney may not want to take on your personal injury case. Here are 4 common reasons a personal injury lawyer will decline representation.
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You Do Not Have Enough Evidence to Prove Liability
In order to have a viable personal injury claim, you need to be able to prove that the other party, such as the driver who hit your car or the grocery store owner, was at fault and acted negligently. This means you need solid evidence that shows the other party breached a duty they owed you and this breach directly caused your injuries. If you do not have enough evidence to clearly prove liability, most lawyers will not take the case because it will be too challenging to win.
Some examples of key evidence in a personal injury case include police reports, eyewitness statements, photographic evidence, and medical records. Without convincing evidence of liability, it’s very difficult to recover damages. Slip and fall accidents lead to 8 million ER visits and 46,000 deaths, but without evidence, it’s hard to prove fault. This is why you need a personal injury firm that you can trust.
The Potential Damages Are Too Small
Most personal injury lawyers only get paid if they win your case. Their fee is also a percentage of the total settlement amount, usually around 30-40%. While the average settlement is around $55,000, if the potential value of your claim is very small, for example, just a few thousand dollars, the lawyer will not earn enough money to make the case worthwhile. Many attorneys have a minimum threshold of expected damages before they will accept a personal injury case, such as $30,000. If your injuries and losses do not meet this threshold, the lawyer is unlikely to take the case.
The Case Will Be Too Complex
Some personal injury cases involve very complex legal and medical issues that require extensive litigation. For example, if your accident claim involves difficult questions of liability, contributory negligence, pre-existing conditions, or would require testimony from several expert witnesses, the case may be too challenging for certain lawyers to take on. Not all personal injury attorneys have the time, resources, and experience to successfully litigate complex claims like medical malpractice lawsuits. If your case requires an unusually high amount of effort, potential attorneys may decline it.
The At-Fault Party Does Not Have Enough Insurance
One of the first things a lawyer will investigate is the insurance coverage available if you win your case. This is because the insurance policy limits will likely determine the maximum settlement amount that can be recovered. If the at-fault individual or company does not have sufficient insurance coverage to make the case financially worthwhile for the lawyer, most will probably pass on your claim. For auto accidents, especially, attorneys will run a check on the defendant’s policy limits before agreeing to represent a client.
While many legitimate personal injury claims are declined each year, the most successful lawyers know which cases to accept and which to pass on. With strong evidence and a promising financial outlook, most good lawyers will be eager to take you on as a client.
