Being in a car accident can be a traumatic situation, and getting the legal help you need for your injuries isn’t always straightforward. Finding the right personal injury attorney in Florida may sometimes be a challenge, and accurately getting the facts and nuances of a personal injury case can be difficult for someone without legal experience. You may have called attorney’s offices, and your case got rejected, and you are wondering why. Here are some reasons a Florida personal injury law firm may refuse your case.
1. Questions about liability
A personal injury lawyer in Florida will most likely take your case if it is evident that the injured person was not at fault. As a victim, you should prove that the driver at fault made a mistake, maybe from negligence or carelessness leading to the accident. If an attorney cannot establish this, they would have difficulty proving your case in court and may therefore opt not to take your case.
2. Minimal or no injury
Most personal injury lawyers work on a contingency fee basis. This means that they depend on personal injury settlements and verdicts to make a living. One of the main elements of a personal injury claim is that there has to be an injury resulting from the breach of duty. If you are involved in an accident but suffer no or minimal injuries, then the chances of getting a settlement are very minimal. Therefore, a Florida personal injury lawyer may not take your case since there are low chances of settlement.
3. The case is too expensive
There is a lot of work and resources needed to take a case to court. Since most personal injury lawyers are paid on a contingency basis, clients do not have any financial risk and the attorneys are only paid after the resolution of the case. All expenses are paid by the lawyers, which can be very expensive. This is the case, especially if the damages are too significant. If the fees and costs involved in your case are too much, then a lawyer might not take your case.
4. The case is a novel issue
A case becomes a novel case if no precedents or history of similar types of cases exist. If your case is extraordinary or arises from peculiar circumstances, then an attorney may refuse your case. It is hard to determine the outcome of novel cases since no judgments have been made before on a similar case. In most cases, when judges decide such cases, they are prone to cognitive biases that affect decisions made. Due to uncertainty, a Florida personal injury law firm may refuse to take your case.
5. Conflict of interest
A conflict of interest may come up if an attorney has any personal interest or engages in a professional activity that may conflict with discharging their duties. An attorney should not take on a personal injury case if their personal interests may affect handling the case. This may be the case if you are the victim of a crash caused by a family member or friend of the attorney. It is also advisable for you not to choose an attorney who has a conflict of interest since they might end up favoring your opponent.
6. Rejection by other firms
If your case has been dropped or rejected by other law firms, then subsequent lawyers might also reject your case. It may make the attorney question why other firms have rejected your case, and out of uncertainty in your case, they might also end up rejecting it. If it is noticed that you are just shopping around to determine the best payout, then an attorney may not want to waste their time with you.
7. Expiration of statute of limitations
A statute of limitations is legislation (statute) that sets a deadline for filing a lawsuit by an injured person. The standard time limit to file for personal injury is four years in Florida. If the statute of limitations has expired, that is, you want to claim settlement for a case that happened over four years ago, then an attorney will not take your case. This is also the case if the claim is approaching the statute of limitations since it does not give the lawyer enough time to properly review and process the case.
8. The case has no value or worth
For a lawyer to take on a case, they must foresee a settlement to help cover their expenses. Since they are paid on a contingency basis, they have to choose a valuable case that will result in a good settlement. Depending on how much they invest, they will determine whether the case is worthwhile taking or not. If they assess it, they may reject your application and find that the costs outweigh the projected gain.
9. It is not their area of practice
An attorney may reject your case if they lack the required skills and experience in that field. A good attorney should not take a case they don’t understand since that may jeopardize it. If you realize that the attorney you are considering is not knowledgeable in the field of personal injury, then you should move on to the next.
An attorney who is used to handling minor injuries, for instance, may find it difficult to help with major injuries involving trucks, for instance. Most lawyers like to take on cases that they are familiar with, so if your case is not in their area of expertise, they may decline to take it on.
10. Jurisdiction
Personal injury claims are filed in the state where the accident or injury occurred. An attorney must be licensed in the state where the case is based. You can, however, request an out-of-state lawyer for your specific case. For instance, if the lawyer is licensed to practice in Florida, it may not be possible to represent all aspects of a personal injury claim in another state. Therefore, a Florida personal injury lawyer may reject your case because they are not licensed to practice in your state.
There are different reasons why a law firm or lawyer may reject your case. This does not mean that you should stop seeking justice. A different lawyer might help you, and you can therefore contact others. They may have a different view of your case and might end up taking it.
If someone else’s negligence resulted in your injury, you might be entitled to compensation. Even though bringing a personal injury is a lengthy and complex process, your recovery damages may be worth the trouble.
A Florida personal injury lawyer with experience and knowledge on your side can make this process easier to endure and significantly affect your case’s outcome.
The lawyers at the Bodden and Bennett Law Group can guide you through the complex world of personal injury claims and assist you in reaching the most favorable results possible. Contact us online today or call (561) 806-5229 for a consultation.
