Each year, there are around 126 personal injury cases for every 1000 people in the US. If you have recently suffered a personal injury, you may have incurred significant medical bills and lost wages from missing work. It’s understandable that you would want to hold the negligent party accountable and receive compensation. This is when hiring a personal injury lawyer can help present the strongest case possible against the defendant.
However, personal injury lawyers are selective about the cases they accept. Here are four of the most common reasons an attorney may reject your personal injury case:
Lack of Provable Liability
The most basic requirement for a personal injury case is being able to prove that the defendant’s negligence directly caused your injuries. If there is a lack of evidence showing liability, it becomes difficult to build a compelling case.
For example, slip and fall injuries lead to over 126,000 missed work days in the retail sector, but if there are no witnesses or security footage of the incident, it’s challenging to prove that a wet floor caused your fall versus you simply losing your balance. Without proof, a lawyer will not want to pursue a case that is unlikely to succeed.
Minimal Injuries
The amount of compensation awarded in a personal injury case depends heavily on the severity of injuries. Lawyers are looking for cases where clients have incurred major damages like:
- Long-term health effects
- Large medical expenses
- Significant lost income
- Loss of quality of life
For example, debilitating injuries caused by medical malpractice can lead to payouts of around $679,000 on average. However, if your injuries were relatively minor, such as scrapes and bruises, the potential financial rewards will be very limited. Most lawyers will not find it worth their time and resources.
History of Fraud
Lawyers have an ethical duty to avoid bringing fraudulent claims to court. If you have a history of fraudulent activities or there are dubious circumstances around your case, attorneys will be wary of taking you on as a client. They want to avoid accusations of unethical or illegal behavior.
For instance, if you’ve filed multiple injury claims in a short period of time, it may appear that you’re embellishing your injuries for financial gain. This will make most reputable personal injury lawyers hesitant to take your case.
Missed Legal Deadlines
Each state has statutes of limitations dictating deadlines for taking legal action in personal injury cases. This can range from 1 to 6 years from the date of injury. If you missed the filing deadline set by your state’s statute of limitations, a lawyer will likely refuse your case.
At that point, the case is usually barred from the legal system with no option to pursue compensation. Lawyers will avoid cases where the opportunity to file a claim has already expired.
It can be disheartening when multiple personal injury lawyers refuse to represent you. However, lawyers have to evaluate many factors when deciding which cases to accept. If your claim has provable liability, serious injuries, no history of fraud, and meets legal deadlines, you’re much more likely to find an attorney willing to take your case. With the right evidence and circumstances, a lawyer can build a strong claim to help you obtain the maximum compensation available.
