You were involved in an accident that was someone else’s fault, but for some unknown reason, your attorney of choice doesn’t take your case. Why not?
- You don’t have a substantial injury. Injuries are a measure of damages in a personal injury case, so if your injuries are minor, your financial recovery may be little or nothing, since the law only compensates victims for real and quantifiable damages.
- A conflict of interest exists. If the attorney has some kind of personal or working relationship with a party in the claim, they will likely not take your case.
- You missed your state’s statute of limitations. We’ve all heard the saying, “A day late and a dollar short.” Each state’s law is very specific about the time limitations injured persons are given to file lawsuits, and if you wait too long, there is very little that an attorney can do.
- You were partially at fault for your injury and live in a state that recognizes pure contributory negligence. Four states, Alabama, Maryland, North Carolina, Virginia, and the District of Columbia still adhere to a rule that says that an injured party cannot recover any damages if it is at fault at all for the injury (even only one percent), no matter how negligent the defendant might have been. It’s harsh, but it’s the law.
- There is little or no insurance coverage available. Most personal injury cases are filed against the insurers of defendants, not the individuals themselves, and many times uninsured defendants will simply declare bankruptcy to avoid paying the claim.
If you think you might have an injury claim, you should still talk to an attorney. It’s their job to tell you whether or not you do.