It can be disheartening to have suffered injuries due to someone else’s negligence and have a hard time finding a lawyer to represent you. If a lawyer will not accept your case, ask for an explanation. It could be something as simple as a scheduling conflict. Other reasons include the evidence supporting your case and the statute of limitations for example.
Choosing the right law firm and attorney is an important part of your case. Explore these six reasons why a lawyer won’t take your case and learn more about what you can do to keep fighting for compensation. Keep in mind that even if one lawyer refuses your case, you could find another to help you seek compensation.
The Statute of Limitations Has Expired or Is Close to its Expiration Date
If you are filing a personal injury lawsuit against a person or entity whose negligence caused an accident in which you were injured, you have a limited window of opportunity. Different types of cases will have differing filing deadlines.
If the statute of limitations in your case has expired by the time you consult a personal injury lawyer, they will not accept your case. In actuality, the court will not allow you to file your lawsuit at all. If you do manage to file your lawsuit late, it is very likely to be dismissed out of hand. That means its merits will not be heard, and you will not be able to compel the at-fault party to compensate you.
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The Lawyer Does Not Represent the Type of Case You Have
Personal injury law covers many types of negligence-based accidents and injuries. Not all personal injury attorneys, however, accept all types of injury cases. If the law firm you choose does not practice slip and fall cases and your injury was the result of an accidental fall, that attorney will say no to representing you.
This does not mean you do not have a case or are not entitled to compensation. Instead, it means you need to research law firms in your area that regularly handle cases similar to yours.
You Bear All or the Majority of Fault for the Accident
In many U.S. states, your right to recover damages is affected by the percentage of the accident’s fault that is attributed to you. If the accident that resulted in your injuries or property damage was partially caused by your negligence, any financial recovery you receive will be reduced by a corresponding percentage.
If, however, 50% or more of the accident’s cause is assigned to you, you will not be able to recover any damages at all. If you feel your percentage of fault has not been fairly assigned, explain your version of events to a law firm’s representative during a free case review. Most personal injury law firms offer this service.
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The Required Elements of Negligence Cannot Be Proven in Your Case
All civil lawsuits, or tort cases, are defined by someone else’s negligence being responsible for your accident. To seek compensation, you must establish the legally required elements of negligence, which include:
- Duty of care
- Breach of duty
If the elements of negligence cannot be proven, a law firm will not accept your case because it will have no legal foundation.
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There is a Potential Conflict of Interest
Attorneys have a strict code of ethics that governs their professional conduct. In addition, a lawyer could have a personal conflict of interest that would prohibit them from accepting your case. If the at-fault party in your case was or is represented by the lawyer you initially selected, they cannot represent you.
Your case could still have merit. Keep looking for a local attorney without the same conflict of interest, and you may find the representation you need to pursue damages.
Your Case is Outside the Lawyer’s Area of Service
Having a local lawyer represent you can be beneficial to your case. A lawyer in your area will bring familiarity with state and local law to your case. Just because a lawyer practices law in your state (state law generally governs personal injury cases) does not mean they represent clients in your specific area. A lawyer may decline to represent you for this reason.
This could potentially cause confusion if you were injured while traveling. For example, a lawyer from your state may not be able to represent you in a case a few states over or several states away. The accident where your state occurred is where it will most likely be settled or taken to trial. While it can be hard to find a local lawyer when the locale is not local for you, it can be done.
Do Not Give Up Hope If a Lawyer Won’t Take Your Case
If a lawyer won’t take your case, don’t despair. You may stand to recover various accident-related losses, and you deserve client-focused legal care to navigate you through the process.
Our lawyers want to help accident victims and their families recover their due. We can discuss your case during a free consultation and rule out any reason we may not be able to offer you representation. Your health and financial recovery are worth a second or even third try when it comes to finding a lawyer. You don’t deserve to manage a case alone while recovering from your injuries and trying to get back on your feet.
Call 24/7 for Your Free Consultation After Another Lawyer Refuses Your Case
Our personal injury law firm helps injured clients recover financial compensation after a negligence-based accident. If you or someone you love is struggling to find a lawyer, you could have other representation and compensation options.
Contact our consultation team to learn more about the six reasons why a lawyer won’t take your case and how Kaine Law can help.