Five probable reasons why an attorney won’t take up personal injury cases
You were unintentionally dragged into an accident case for which someone else was responsible. However, the attorney you went to for a solution refuses to take your personal case. This is not an excuse to panic and but consider the following things before reaching a conclusion:
Firstly, there might be no substantial injury. During a personal injury matter, the injuries suffered are examined for measuring the damages. Provided the injuries aren’t that deep, the financial compensation could be lesser or almost nothing. The law will only secure financial recovery charges to the victims for quantifiable damages.
Secondly, if there is a clash of interest issue. In case the attorney of your choice is related to the party in claim via personal or professional relationship, they are unlikely to take up your case. According to American bar association rule no lawyer shall represent any client if it leads to concurrent conflict of the interests. This conflict would exist in the following circumstances:
A client’s legal representation is directly adverse to the other client. There is risk factor that one or multiple client representation is materially limited by the attorney’s responsibilities to a different client altogether. The lawyer may go ahead and represent any client if he believes that he’d be able to offer a competent and conscious representation to the affected party. This representation must be permitted by law. Here, each of the affected clients must provide informed consent or in writing.
This lawful representation must not involve a client’s claim assertion against a different client which is lawyer is representing in similar litigation. Thirdly, find out if you have unfortunately missed the statute with limitations in your state. There is a popular quote, “A day late and a dollar short”. The law in every state has certain specifications in terms of time limit given to injured people for filing lawsuits. Waiting for a long period will backfire. Afterwards, there is almost no chance of an attorney doing anything real.
Fourthly, you were responsible partially for this injury suffered. It could be that you are living in the state which addresses real contributory negligence. The states named Alabama, District of Columbia, Maryland, Virginia and North Carolina follows relevant rule. It confirms that an injured person isn’t allowed to recover damages if he or she is also responsible for the accident irrespective of one percent or two percent. It confirms this irrespective of how much the defendant is negligent. This might be really difficult pill to digest for some people. However, there is no respite from this law in such circumstances.
Last but not the least, there is small or no coverage for insurance available. Many personal injury matters see lawsuits filed against the defendants insurers. It is often not of the individual concerned. Thus, at times many of the uninsured defendants can easily announce bankruptcy to escape from paying the demanded claim. However, make sure you consult a lawyer if you feel that you are having an injury claim.
Please a blog of Walter Blanner, a personal injury attorney in Palm Harbor FL for more information or to schedule a consultation.
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