Sometimes, it can be difficult for people who were injured by someone’s negligence to find an attorney who will handle their case. It may even take two or three consultations with different attorneys before you find one that meets your needs, or vise versa. The following article lists the different reasons why an attorney might decline your case, and provides tips on how you can avoid that situation from taking place.
#1 – The statute of limitations for your claim has expired.
In every state, statutes of limitations dictate whether or not a claim can be pursued, depending on how long the plaintiff has waited to file. In other words, statutes of limitations act as “time limits” and if you do not file your claim in court before this time runs out, it is less likely that an attorney will accept that case. Statutes of limitations vary by state as well as the type of claim being pursued. Many statutes of limitations give plaintiffs two years to seek damages, but some specific claims like medical malpractice and claims against federal, state or local governmental entities will likely be shorter to about a year or even a few months. Because the statutes of limitation vary so much by state and type of claim, it is crucial to your legal success to consult with a lawyer as soon as possible if you think you may have a claim.
#2 – Your case lacks proof or legal grounds.
To put it simply, if an attorney believes that there is not enough evidence to support your claim, your claim doesn’t have any legal basis, or if an attorney thinks your case has a low chance of success, the attorney probably will not accept your case. You shouldn’t take this personally if this is the reason why an attorney won’t accept your case, as it will also likely help you avoid lost money and time. For example, if your injury didn’t cause any financial harm, and your injuries were only minor (meaning that your injuries healed quickly, didn’t cause permanent damage, and didn’t cost much to treat), there likely would be little point for you or an attorney to pursue a lawsuit. However, psychological trauma would be one instance in which, even if physical injuries weren’t very serious, an attorney may take your case under consideration. This might be seen in cases of assault for example if the victim of the attack did not sustain any long term injuries, but now suffers psychological pain as a result.
The best way to avoid having an attorney turn your case away because of a lack of proof is to create a case file of your own to show them during a consultation. The burden of proof lies largely on the plaintiff at the beginning of a case. Therefore, you should collect all the evidence possible to bolster your claim. Proof could be in the form of photos taken of your car after a crash, the bills that you paid to have your car fixed, medical bills, and any other evidence available that shows you were physically and financially damaged.
#3 – An attorney has too large of a case load.
According to the Association for Safe International Road Travel (ASIRT), about 2.35 million people are injured or disabled from car crashes every year. The shear number of injuries in the US means that any attorney that you meet with will likely have multiple cases under their management at any given time. Though it is a good sign that your attorney is busy, it also means that he or she may have too much work on their hands to give your case the attention it needs in order to be successful. In this instance, a responsible attorney will likely refer you to another attorney or firm which can help you pursue your case. Remember to bring something to write with whenever you meet with an attorney, regardless of whether or not the attorney takes your case. This way you can write down the contact information of other recommended attorneys, and take down any important notes relating to your case along the way.
#4 – An attorney has a different specialization in law than what is required for your case.
Nearly every attorney has limited his or her practice to fit certain types of cases. For example, if you have been injured in a car crash, then you will need the help of an attorney with experience in auto injury law as opposed to workers’ compensation or medical malpractice, let alone divorce. It would be wise to do a little research into the type of attorney you need to avoid asking for help from the wrong type of attorney. The most common fields of personal injury law include:
- Motor Vehicle Injury- Cases involving injuries caused by car, truck and motorcycle crashes.
- Premises Liability- Claims involving injuries that are sustained when a person is injured on a property that belongs to another person or company.
- Workers’ Compensation- On the job injury claims.
- Product Liability- Injuries that result of a defective or negligently designed product.
- Medical Malpractice- Injuries caused by negligent medical providers.
#5 – An attorney has a conflict of interest (or other personal reason).
The reality is that there could be a multitude of reasons why an attorney would decline your case. If, for example, you seek to sue a person or entity that the attorney is representing in another case, the attorney would be ethically obligated to refuse to handle your claim.
In addition, an attorney may decline to represent you because you live too far away from his or her office. The reason an attorney refuses to accept your case could even be that he or she is planning on going on vacation and isn’t taking any new cases at the moment. In a situation like this, it is likely that you will find another attorney who will be willing to represent you.