In a personal injury case, an initial inquiry is made by a personal injury lawyer to see if they feel it would be worth their time to represent you in court. There is an answer that has been developed by lawyers, called “The Straight Talk”, where lawyers tell their clients straight up whether they will take their case based on the facts. However, here are some common reasons we decline cases.
Questions of Fault
In the majority of personal injury cases, the defendant is going to try to prove, or at least insinuate, that the plaintiff was at fault for the injury. If a personal injury lawyer feels that their client is partially at fault for the accident and the injuries sustained, the attorney may decline the case.
Generally, a defendant will try to prove that a plaintiff was at fault by pointing to some kind of negligence on their part. Therefore, to mitigate damages, a good personal injury lawyer will try to prove that their client was not negligent, even if they were partially at fault. In a minor personal injury case, this could be a very easy task, but if the case is more complex, it could be challenging.
Statute of Limitations Has Expired
Most personal injury cases must be filed within a certain amount of time for the plaintiff to receive compensation for the harm done to them. They are called “Statutes of Limitation”, and they vary from state to state, although the federal option is two years. Sometimes a personal injury victim will not even realize the harm is done to them until several months have passed, which is why the statute of limitations is in place. If a date is missed, the statute of limitations goes by the wayside, and the personal injury case is dismissed. Moreover, if a lawyer feels that their client is outside the statute of limitations, they will likely decline the case.
Injuries are Not Serious Enough
A personal injury lawyer will only be interested in taking a case if they feel that the injuries sustained by their client are serious enough to warrant legal representation. If a personal injury lawyer doesn’t think the injuries sustained are significant, they will likely decline the case.
You Made Some Errors in Your Personal Injury Case
Some personal injury clients will make mistakes in the midst of their case, whether it be failing to bring certain documents to the lawyer or not making an appointment with their lawyer.
There is nothing wrong with these mistakes, but for a personal injury lawyer to take on a client, they need to feel that their client will do their part in their personal injury case. If they do not feel that their client will do their part in their case, they will likely decline the case.
If the personal injury lawyer declines your case, it is not the end of the world. These are, after all, lawyers, and they are not afraid to say no. There are some personal injury lawyers that you may not mesh with, which means that another personal injury lawyer will be better situated to take your case. Are you looking for the best personal injury lawyers in Massachusetts? Bellotti Law Group, P.C. provides a simple and practical approach to achieving a high level of success. Our client-centered approach is focused on you alone. Book a consultation today.