Contrary to popular belief, personal injury lawyers will not take any case. They are professionals who carefully assess each case during their initial consultation to determine if filing a civil suit will benefit their potential client. Sometimes, it is difficult for people who have been injured to understand why they have been turned down but lawyers are only trying to save them further emotional and financial costs.
Here are some of the most common reasons a personal injury attorney may refuse to accept a case:
The Statute of Limitations Has Expired
One of the most important reasons for any personal injury lawyer to turn down a case is the statute of limitations. For example, in our great Commonwealth of Pennsylvania, 2 years to file a personal injury and property damage lawsuit. If the case is not filed within that time frame, which begins on the “date of harm,” then even a great case will not be accepted since it is impossible to file it. That is why it is imperative to consult with a personal injury attorney immediately after your injury. The 2-year statute of limitations is extended for minors–the statute then expires on the 20th birthday.
There is Difficulty in Establishing Liability
Another important factor in any civil suit is the ability to establish liability. Sustaining an injury does not always mean that someone else is at fault. If an attorney determines that there is no other party who is legally responsible for your injury, it will be highly improbable that there will be a recovery of damages.
A Conflict of Interest
All attorneys have to abide by a set of strict ethical guidelines or risk losing their license. For example, no attorney would consider accepting a case in which he has represented or is currently representing the at-fault party that is involved in your case. In such situations, attorneys have a conflict of interest, and cannot get involved.
Insignificant Damages & Compensation
In order to recover damages, there must be proof of sustaining an injury and/or financial damages due to an accident or incident. In cases where the injury is relatively minor, an attorney may decline to accept a civil case since the compensation will not be worthwhile or even enough to pay the legal costs.
Defendant May Have Limited Financial Resources
If the individual liable for your injury is uninsured, personal injury lawyers will likely reject your case, as we will ultimately not be paid for our services.
Last Word
It’s important to keep in mind that you should ask attorneys to clearly explain the reason(s) for refusing to accept your personal injury case. Also, consult with more than one attorney if you have been turned down.
Contact Jeffrey Harlan Penneys, Esquire, for a free consultation for Pennsylvania personal injury accidents. Call 1-215-771-0430 or fill out the form below. Please include as much info as possible, including the type and severity of the injury, the location of the injury. I am a Philadelphia injury attorney representing plaintiffs throughout the entire Commonwealth of Pennsylvania.