An Atlanta personal injury lawyer may decline to take your case if it does not meet certain criteria essential for pursuing a successful claim. Lawyers evaluate cases based on factors like the severity of the injury, clear liability, and the potential for financial recovery. While each case is unique, legal professionals focus on situations where they can effectively advocate for a client’s rights and achieve a favorable outcome.
Understanding why a lawyer might not accept your case can help you identify the elements that make a claim viable and provide insight into the legal process. This guide will explore the key considerations lawyers use to determine whether to take on a personal injury case.
Key Criteria Lawyers Use to Evaluate Personal Injury Cases
When assessing a personal injury case, lawyers look for specific factors that determine the likelihood of a successful outcome. Below are the primary criteria that influence whether a lawyer will agree to take on a case.
Severity of Injuries
Lawyers consider the extent and impact of the injuries sustained. Cases involving significant injuries that require medical treatment, result in long-term disability, or cause substantial pain and suffering are more likely to be pursued. Minor injuries that fully heal without lasting effects may not justify the time and resources required for litigation.
The types of injuries that would justify the hiring of a lawyer could include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries (SCI)
- Broken bones
- Burns
- Puncture wounds
In addition to the severity of the injury is the time it may take to recover. Some injuries may be surgically treated quickly, but there could be significant time needed for rehabilitation. The victim may also recover quickly from physical injuries, but the event has left them with emotional trauma and mental anguish requiring hours of therapy. Some victims may never recover from their injuries and live with a disability or disfigurement.
These medically related qualifications factor into whether a personal injury lawyer would accept your case.
Clear Liability
A critical factor is the ability to prove that another party is responsible for the injuries. Personal injury attorneys need strong evidence that clearly establishes fault or negligence.
Your personal injury lawyer must be able to prove negligence in four elements:
- Duty of Care: There must be a relationship between the plaintiff and the defendant. That relationship requires that the defendant act in accordance with the law and accepted standards.
- Breach of Care: During the interaction between the defendant and the plaintiff, the defendant broke the law or deviated from the standard of care expected.
- Causation: The defendant’s actions or inactions lead to an accident. In the accident, the plaintiff was injured.
- Damages: The plaintiff has now suffered financial losses, referred to as damages. They may include such losses as medical bills, lost wages, and pain and suffering.
If liability is uncertain or difficult to demonstrate, a personal injury law firm may decide that the case is not viable.
Potential for Financial Recovery
Lawyers assess the potential compensation that can be recovered through a personal injury claim. This evaluation includes determining whether the defendant has the ability to pay, either through insurance or personal assets.
If the potential recovery is too low to cover legal fees and adequately compensate the victim, a lawyer may decline the case.
Statute of Limitations
The timing of the claim is crucial. Personal injury cases must be filed within a certain period, known as the statute of limitations. If too much time has passed since the injury, and the statute of limitations has expired, a lawyer cannot take the case, regardless of its merits.
Statutes of limitations depend on the type of accident case. For example:
- Personal Injury: Per O.C.G.A. § 9-3-33, accident victims generally have two years to file a personal injury lawsuit.
- Wrongful Death: The statutory deadline for wrongful death lawsuits also falls under O.C.G.A. § 9-3-33, but O.C.G.A. § 51-4-2 establishes which family members may file the lawsuit.
- Medical Malpractice: O.C.G.A. § 9-3-71 allows victims seeking compensation in a medical malpractice case two years from the date of the injury to file. However, injury victims also have two years from the date they discovered the cause of their injury to file.
In addition to the deadlines established, waiting too long could also lead to a lack of available evidence. The longer you wait, the more likely evidence may be lost or destroyed. For example, a local business recording over the incident caught on their surveillance cameras. Witnesses forgetting details they saw in the accident. Personnel records being lost. Whether intentional or accidental, the longer you wait, the more difficult to impossible it is for your lawyer to build a case.
For a free legal consultation, call 404-214-2001
Steps Accident Victims Can Take to Strengthen Their Personal Injury Claims
There are certain steps you can take after an accident that can significantly improve your chances of obtaining fair compensation. Here are key actions you can take to strengthen your personal injury case:
- Seek Immediate Medical Attention: Get a thorough medical examination as soon as possible. Medical records are crucial evidence that links your injuries directly to the accident.
- Document Everything: Keep detailed records of all accident-related information, including photos of the scene, contact information of witnesses, and any communications with the other party or insurance companies. This documentation supports your claim and helps establish liability.
- Follow Medical Advice: Adhere strictly to the treatment plan prescribed by your healthcare provider. Gaps in treatment or failure to follow medical advice can weaken your claim by suggesting that your injuries are not severe or that you failed to mitigate damages.
- Avoid Speaking About the Case: Refrain from discussing the details of the accident or your injuries on social media or with anyone other than your lawyer. Public statements can be used against you by insurance companies or the opposing party.
- Consult a Lawyer Early: Engage a personal injury lawyer as soon as possible. Early legal guidance can help you navigate the complexities of your claim and protect your rights.
By taking these proactive steps, you can build a stronger case and improve your chances of securing the compensation you deserve after an accident.
Take the Next Step Toward Legal Representation
Kaine Law may be able to help you with the complexities of your personal injury case. With a focus on personal injury cases, our law firm is committed to securing the compensation accident victims deserve. We work on a contingency basis, meaning you pay nothing unless we win your case.
Our legal team is ready to fight for your rights. Call today for a free initial consultation and take the first step toward justice and recovery.
Call or text 404-214-2001 or complete a Free Case Evaluation form
