Aug 19, 2019 | Personal Injury
Unfortunately, personal injury lawyers often decide against taking certain cases. I personally wish I could help everyone who calls my office. After all, the person on the phone is obviously upset and in crisis or turmoil and they are reaching out to me, as a professional, for help. However, the harsh reality is that many potential clients either do not have a solid legal case under the law or the case is not economically feasible. The following factors, although not exhaustive, are reasons why a personal injury lawyer may not agree to take your case:
One of the biggest issues is always: WHO IS AT FAULT? Even if, for example, you are involved in a serious auto accident or a serious slip and fall case, and the accident is caused by your own negligence, the law may bar your recovery.
You must be able to prove that the other party was at fault (or partially at fault) for your injuries. If there is little evidence to prove liability, a lawyer will most likely decide against taking your case. It is always best to consult a lawyer immediately after an accident and explain the facts so a liability determination can be made.
Often, if you’ve been involved in a minor fender bender with little damage to your car, or you’ve been injured due to someone else’s negligence and your injuries are minimal, an attorney may decide against taking your case.
Personal injury claims require attorneys to undertake a considerable amount of work and out-of-pocket expense. Insurance companies often refuse to pay adequate money for these types of cases. From a basic business perspective, it often does not make sense for an attorney to take on a case that will not produce results.
Always make sure you have a complete medical evaluation no matter how minor the accident. Often, hidden medical issues will make it clear to an attorney that you should be represented.
In California, most personal injury actions have a 2-year statute of limitations. This means a lawsuit must be filed within 2 years of the accident or you lose your ability to sue.
Waiting until the last minute to hire a lawyer can be very problematic. Your lawyer will have to scramble to do a lot of work and gather evidence that should have been done right after the accident. For this reason, a lawyer may decide it is too difficult to jump in at the last minute and try to salvage your case.
CAVEAT: Always consult with a lawyer early on to determine the applicable statute of limitations date, as unique factors may come into play regarding the deadline to file a lawsuit.
If you have a history of filing lawsuits, or a history of being involved in accidents, this may be a red flag for attorneys. Insurance companies will quickly find out if you have such a background and it may affect your credibility regarding your current case.
This does not mean a lawyer should, or would, pass on your case outright. After all, some of us are unlucky and prior lawsuits or claims may be legitimate and explainable, but if you’ve filed frivolous lawsuits in the past, an attorney may think twice about representing you.
Before I decide to take a case, I always evaluate whether the client can partake in the process. This includes constant communication about their medical needs, assistance with evidence gathering, availability for depositions and input for trial preparation where necessary.
If I get the sense that a client will not participate, I may decide to pass on representation. This is because client participation is vital to a successful outcome.
Last, if there is no insurance coverage available, or if the person who injured you has no assets and no ability to pay for your injuries, a lawyer may decide that representation won’t yield any results.
For this reason, it is important to consult a lawyer promptly after an accident so an investigation into coverages and assets can take place immediately.
It is important to note that one or two of the above factors may not be a reason to have your case declined by an attorney. Every case is unique. You should always consult a personal injury lawyer if you believe you need legal help.
When deciding to represent any client involved in a serious injury, the Law Office of Craig Charles makes a commitment to give the client 100% from beginning to end, fighting for the client at every turn and keeping the client informed every step of the way. For this reason, I evaluate cases carefully to ensure that I can deliver top results for my clients.
My office is located on the Sunset Strip in West Hollywood as well as the Hillcrest area of San Diego. I am an LGBTQ affirming attorney and I understand the specific needs of clients who do not feel comfortable with big mill law firms. In short, at the Law Office of Craig Charles, you are not a number—you are a very unique individual who deserves personalized attention.
If you have been injured in a serious accident, or if you are the victim of serious discrimination, give the Law Office of Craig Charles a call today at 424-343-0660. The Law Office of Craig Charles is located at 9000 Sunset Blvd., Suite 710, West Hollywood, CA 90069.
If you've been seriously injured, don't hesitate to contact us for a free consultation. We understand this process may be unfamiliar or confusing, so we make a personal commitment to communicate with you in a clear and timely fashion. Call us today and we'll evaluate your case, walk you through the process — and put you on the path to recovery.