If you have a personal injury case than you may want to claim your file for the settlement offer but what if when you visit personal injuries firm, and they turned down your case?
You might feel confused at the time right, that the meeting was perfect and the lawyer was listening to your case, but in the end, why did they deny to handle the case. At that moment, you may be wondering where did the things go wrong.
But don’t be upset because the lawyer must have a valid reason to refuse your case. They are also evaluating your case correctly when you are telling them about all the details of the accident, injuries, and medical bills. Yes, it is the fact that the attorneys are there to help you in your legal case.
But sometimes denying your case is the best help they can provide to you. However, if an attorney has already rejected your case, then they may have told you about the reason behind that as well.
But if you are still confused or are unaware of the fact that why your case has been rejected, then here we to tell you about the most practical reasons that can be the cause of the rejection of your injury case.
The reason behind the rejection of your personal injury case by the lawyers
Below some emphasizing reasons are reiterated to help you understand the situation more adequately. Let’s catch a glimpse of these reasons:
- No severe damages
There are some conditions on which the personal injury case depends on. These injuries should be enough to be valid for claiming a personal injury case. However, no one wants to get injured so worse in any accidents, but here you need to tell them how many problems you are having.
Now you may be thinking about what kind of damages are considered under these cases, then here is a list of several damages that make the injury case worth filing.
– If your property has damaged very severely,
– The expenses of your medical bills are much significant than your pocket allowance,
– The post-affects of the injury, due to which you are not able to continue your job and all it disturbed the whole budget,
– You are mentally distressed form the accident and are unable to recover,
All these can be counted as the emphasizing factors in a personal injury case. However, you can’t file the case if there is some minimal damage in the accident or if you do, then it will be a total waste of time for everyone. Therefore, the lawyer will find it better to discourage your thought of filing down a settlement claim.
But more one more factor is there that if the money compensation is low in the case and they need to spend more time on the case, then they may reject the case as well. It is because a small percentage of the compensation is received by the lawyer as well.
- Hard to decide the issue of the liability
The first thing that any lawyer will look for in your case is that who is responsible for the accident. Your attorney may reject the case if he or she is unable to establish the issue of the liability.
If you had and an accident, then you may be hurt, but it isn’t necessary that the other person is legally responsible for paying for all the damage caused in the accident.
For example, if you are responsible for your injuries, then there is no meaning of filing the personal injury case against the other party. To assign the liability to the opposite party, the attorney needs to prove certain things in the court. A brief explanation of these four things is given below:
- Duty of care: The duty of care is a legal term in personal injury cases. It means that one person should take care and not to do any dangerous behavior that can cause harm to any other person. Here the attorney needs to prove the negligence of the opposite party in the case which opposed the duty of care.
- Breach of Duty: The next things you need to give evidence for proving the act of breach of duty. Here it means that the person failed to take the appropriate actions in the breach of duty and caused harm to the other person.
- Causation: Here causation states that due to the breach of duty of the defendant made to cause the injury and put an adverse effect that the victim has already realized due to the negligence of the duty of care by the defendant.
- Last but not least are the damages: According to this legal term, the plaintiff has got some serious injuries that have left the life of the victim completely disturbed. All it resulted in a disturbance in their budget, and they need to face a huge loss financially.
These four things make the opposing party a defendant in the case. Without proving the above points, you can’t take your case forward. And it is self-evident that you are not going to get any compensation at all.
But if your attorney can establish all the four of the legal terms in your case, then you can file your case.
- The claim period has been expired.
There are chances that you may have an excellent claim for a personal injury case. But the case can also be rejected if you have claimed a little longer then for the actual period it was valid for.
The general statute of limitations for the personal injury cases is of four years wherein the medical misconduct the limit is for two years. If the limit has not been expired yet, but you took a long time to claim, then it becomes complicated to make your case win. Read more about this here.
For that reason also the lawyer can reject to accept your case in their hand because no one wants to waste their time and efforts in a case where they know there are minimal chances of winning the case. Therefore, it is better to file the case of personal injury as soon as possible.
- Too many expenses are there in your case
Mostly the personal injury cases are considered based on the contingency fee, which means that the attorney will get their fee only when he has successfully managed to convince the other party to give you the settlement or the compensation amount. Meanwhile, during the case, many expenses are required to be handled. If the lawyer agrees to manage all the costs of the case until the verdict decides. Read more about lawyers work on contingency.
But, in most of these types of cases attorney feels like your case will take too much time to get resolved and till then it will cost too much to him or her, then your case is more likely to get rejected.
- The defendant is acquainted with a limited amount of sources
Your attorney can also turn down your case in a situation as if the defendant on whom you have claimed to pay the compensation amount is itself occupied with the only a minimal amount of resources. In those cases, the lawyers know that the defendant will not be able to pay the settlement amount at any cost.
However, there is insurance coverage that can pay you the compensation for all the damage that has been done. But sometimes this insurance coverage takes a step back from the case. OR it may also be possible that the defendant is not having any insurance coverage for him.
- Conflict of the interest
There are specific rules and regulations for the attorneys as well, which they need to follow. These ethical guidelines are very crucial to be followed by the attorneys; otherwise, there are chances of losing their professional license as well.
According to the rules the case in which he or she had already represented the defendant before, then they need to reject the offer of a client to handle their case. If it is the case with you, then you can visit any other lawyer to claim for the settlement offer and to file the personal injury case.
These are some of the reasons that the attorneys are not taking your case or turning down your case.
No matter how much a person thinks that the personal injury case is valuable for him and he or she can apply for it, but there may be several reasons for the attorneys to turn down your case. If the circumstances are not severe enough, then you should not waste your time in filing the claim for settlement.
However, if you have valid reasons to file a personal injury case, then you can visit any other lawyer. It doesn’t mean that other attorney will not take your case just because one refused to take it. Rest, you can consider all the possible reasons that are explained in the above paragraphs. Make sure to check these possibilities beforehand not to face the rejection from a lawyer.