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When a Personal Injury Attorney Cannot Take Your Case

Lady With Scale And An Attorney
When you suffer an injury at the hands of another person's negligence, a logical step is to file a personal injury lawsuit to recover your damages. However, not all personal injury cases can be litigated in court because the attorney is not willing to take you as a client. When you leave your free consultation with an attorney, you will likely be disappointed to learn your case will not do well in court.

Attorneys want to help everyone when they are hurt, but attorneys will discourage you from filing a lawsuit if they do not feel you will win. Here are some reasons why a personal injury attorney might not take your case to court.

Injuries Are Not Significant

No injury is ever ideal, but you need to prove your injury prevented you from continuing in your current career field or has otherwise had a major negative impact on your life. Injury cases worth a lawsuit have to include some type of injury which continually causes pain and suffering.

If you break your arm in a car accident, for example, the other driver's automobile insurance should pay for your medical expenses. However, a simple broken arm is not going to impact your life forever and therefore will not warrant a major pain-and-suffering personal injury lawsuit.

On the contrary, if your arm is completely shattered in the car accident and you are no longer able to do your job as a heavy equipment operator, you will have better odds of winning a lawsuit. You will have an easier time locating an attorney to take your case in this type of scenario.

Liability Is Not Certain

An attorney will not take a case in which it is not clear who is at fault for your injuries. There is no use filing a lawsuit when it is not completely clear who exactly is at fault. An attorney will take several considerations into account before he or she can determine liability.

First, did the person or business accused of wrongdoing have any sort of duty to avoid the behavior which caused the accident or injury? Also, did the accused not take the necessary steps to prevent the accident? In addition, did the person or business failure of duty to care cause injuries which otherwise not happened? Finally, did the plaintiff lose significant money?

If the answer to all of these questions is yes, the attorney will then proceed to file a lawsuit because it is clear who the liable party is. If liability is not certain, the attorney may be reluctant to file a case because it is not certain if you will win.

Injured Party Is at Fault

In some personal injury cases, multiple people can be at fault for any injuries that occur. If you have an injury but your actions played a role in the accident, an attorney may not be willing to take your case.

For instance, if you were texting when you tripped over an obstacle and fell inside a business, the other party can claim your distraction had a role in the injury and you should, therefore, be partially responsible for your medical expenses.

Statute of Limitations Has Run Out

You only have a certain amount of time to file your personal injury lawsuit. An attorney will not likely want to take a case in which the statute of limitations has run out or if there is only a short amount of time left. Although the statute of limitations has not fully expired, a case is difficult to win long after the incident.

What makes the case difficult is the likelihood of locating your witnesses and evidence. Because so much time has gone by, everyone involved may not have a clear recollection of the incident.

If you're not sure if you have a case and want to discuss your situation with a lawyer, contact the law offices of Forster, Scott J for help


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