Following a personal injury that you suffer from someone else’s negligence, receiving proper compensation for your pain and suffering is an essential part of feeling whole once again. There are a few possible avenues to receive just compensation: your own insurance, the other party’s insurance, or the other party themselves. Navigating these decisions alone might seem confusing, so contacting a personal injury attorney is always a prudent first step. However, only some cases can be won – meaning your personal injury claim might not be worth the time and stress for all parties involved. Here are some of the most common reasons why your personal injury lawsuit case is not taken up by an attorney.
The Elephant In The Room: Money
Most personal injury lawsuits are taken up by law firms upfront, free of charge, meaning that their financial compensation relies on winning cases and receiving a percentage of the settlement. This leads to a unique situation where some foolproof cases are rejected and some longshot cases are accepted simply due to the financial risks and possibilities associated with each. However, if you have a personal injury case with solid evidence and backing, most law firms will be eager to help you win and receive compensation.
Reasons Your Injury Claim Might Be Rejected
Not Enough Evidence:
The truth of the matter is this: evidence is key. Even if your attorney believes your story 100 percent, convincing an uninterested jury is a whole separate issue. If you lack certain types of proof, such as witnesses or digital evidence, your case might be an uphill battle. Even if some evidence is found that supports your case, your probability of winning has to be high enough that the attorney deems it worth the time and effort to compile and argue the case in court.
Insufficient Damages or Compensation:
Even if your case is highly likely to succeed, only having a claim for a relatively small settlement payout might make it not worth the time for the attorney. By conducting an interview and initial screening with a law firm, you might find that your payout potential is higher than you think. However, if you intend to sue for a small amount, the manhours needed to prepare and argue the case might dwarf the payout the lawyers expect to receive.
On a related matter, even if your attorney is confident that a large settlement could be won, they might reject your case if you intend to sue an individual. Individuals, as opposed to a large company or insurance agency, have much fewer funds available to them, meaning a substantial payout might not be possible for the defendant to pay should they lose their case against you. An attorney interested in your case will conduct background checks to determine a defendant’s assets and income. If both are too low, the process of winning the case might not be worth the effort.
Case Practicalities:
Certain facts of the case might make it impossible for an attorney to proceed. For example, the statute of limitations may have already passed in your situation, meaning your case has no chance of going forward. Furthermore, a law firm might have a conflict of interest that prohibits them from involving themselves in the matter.
When deciding how to move forward with your personal injury claim, the best thing to do first is sit down with an attorney. Personal injury attorneys can address any questions or concerns. At Probinsky & Cole, we have the expertise and experience you need to determine if your personal injury claim is valid.
