In 2021 alone, over 109,000 crashes occurred on roadways in Kentucky, resulting in hundreds of deaths, tens of thousands of injuries, and nearly 90,000 incidences of property damage. Additionally, according to the National Flooring Safety Institute, falls account for around 8 million emergency room visits every year nationwide.
With so many accidents and injuries occurring, it’s no wonder that many victims consider pursuing legal action and hiring a personal injury lawyer. However, personal injury lawyers are selective about the cases they take on.
Matthew C. Minner, an experienced Bowling Green personal injury lawyer, shares four reasons a personal injury attorney may reject your case:
1.If There Is a Lack of Evidence on Your Personal Injury Case
A strong personal injury case requires solid evidence that the defendant’s negligent actions directly caused your injuries. Police reports, medical records, eyewitness statements, video footage, and other documentation can help prove your claim when working with a reputable personal injury Lawyer. However, suppose evidence is lacking or inconclusive about the cause of the accident. In that case, the at-fault party or the extent of your damages, a personal injury lawyer may deny your case. Even with some evidence, a personal injury attorney may determine it’s insufficient to convince a judge or jury. Before rejecting you as a client, the personal injury attorneys must decide if more evidence could be obtained through further investigation.
2.Your Personal Injury Case Should Involve at Least Minor Injuries
Personal injury law firms invest significant time and resources into each case. Accepting minor cases with low settlement potential is often not worth the effort. Personal injury attorneys like to see substantial economic and non-economic damages, such as large medical bills, lost income, pain and suffering, or permanent disability resulting from the accident. Cases involving mild sprains, scrapes, stiffness, or a quick recovery rarely have high enough payout potential to offset the costs. Most personal injury lawyers will pass on cases with insignificant damages unless multiple minor injuries occur.
3.Your Personal Injury Case Has Unclear Liability
Even with significant injuries, personal injury attorneys may reject cases if liability is questionable. Liability refers to the at-fault party’s legal responsibility for causing your damages. In accidents with unclear liability, multiple parties could potentially share the blame. For example, car crashes often involve a degree of fault for every driver involved. Without clear evidence about one party’s negligence that led to your injuries, a personal injury attorney is less inclined to take the case. The feasibility of arguing liability successfully in court impacts the personal injury lawyer’s decision.
4.If The Personal Injury Case Client is Problematic
When deciding which personal injury cases to accept, attorneys evaluate the client. Most attorneys will avoid the hassle of representation if a potential client seems unreliable, dishonest, unresponsive to communication, or challenging to work with. Personality clashes or a lack of confidence in a client’s ability to present themselves properly in court are also red flags. Clients focusing solely on a big payout rather than fair compensation for damages incurred may deter personal injury lawyers from accepting their cases.
When meeting with prospective clients, personal injury attorneys analyze numerous aspects of the case to determine if it’s worthwhile to accept. Factors like evidence strength, injury severity, clear liability, and an amenable client increase the chances an attorney will take on representation. While it can be disappointing to have legal counsel decline your case, personal injury lawyers make strategic decisions based on experience with similar cases. If one rejects you, consult others to find a personal injury attorney to take on your matter. With persistence and a strong claim, you can eventually gain representation to help recover damages from your injury.