Have you sustained injuries in an accident that was not your fault? If so, you are not alone.
In fact, according to the Centers for Disease Control and Prevention (CDC), there were 24.5 million emergency department visits for accidental injuries in the United States in 2018. As one personal injury law firm puts it, “A severe injury can be a traumatic event that has the potential to change a victim’s life.” And often, these injuries also lead to incurring expenses associated with your recovery, property damage, and time away from work. So what do you do if you have sustained injuries in an accident that was not your fault? Well, you might want to hire a personal injury lawyer.
Many people are hesitant to contact a personal injury lawyer after an accident. Frequently, they believe the cost may be too much to take on. However, doing so can be a great way to fight for valuable compensation that you may be able to recover. Of course, you may contact a personal injury law firm only to find out they can’t take on your case. Nevertheless, keep in mind one of the best personal injury attorney tips: Just because one attorney may not be able to take your case does not mean you have no case at all.
Below are a few reasons why an attorney may not take your case. But don’t give up just yet—depending on the reason, you may still have a valid claim.
Here are the reasons
1. A Conflict Of Interest Prevents The Attorney From Taking Your Case
If an attorney has a conflict of interest, they may not be able to take your case even if they think you have a meritorious claim.
There are several conflicts of interest that may prevent a personal injury lawyer from representing you in a particular matter. For example, the attorney may already be representing the opposing party in your case. In some cases, the conflict of interest may occur at the firm level, preventing any attorney within the firm from representing you. While this may seem disheartening to hear, don’t let this prevent you from continuing to seek legal representation. You still may have valid legal claims even if one particular attorney or firm can’t represent you due to a conflict of interest.
2. The Statute Of Limitations Has Expired
In some cases, a personal injury lawyer may not be able to take your case as the statute of limitations is invalid now. A statute of limitations is a law that sets the duration of time in which a party to a dispute has to formally file their legal claim. For example, the statute of limitations in Kentucky will apply to most personal injury claims other than car accidents in one year. This means that you must file your personal injury lawsuit within one year of the date of the accident that led to your injury. Failure to do so may prevent you from receiving recovery at all. Thus, if the statute of limitations has passed in your case, an attorney may not take it on.
However, it is important to note that some exceptions do apply. So if one attorney indicates that they can’t take your case due to statute of limitations reasons, it may still be worth another consultation with another personal injury law firm to see if any exceptions may apply.
3. Personal Injury Law Is Not Their Area Of Expertise
Sometimes, an attorney may not take your case simply because the case is not within their area of expertise.
There are many areas of the law in which an attorney may practice. Examples include:
- Personal injury,
- Real estate,
- Criminal law,
- Family law,
- Immigration, and
- Business formation and disputes.
As you can see, personal injury is just one of many areas of the law. Not all law firms will have a personal injury law practice. If an attorney turns down your case, it very well maybe because they specialize in another area.
Don’t let this deter you from pursuing your claim. In fact, being turned down by an attorney, for this reason, is probably for the best—you don’t want to move forward with an attorney who is unfamiliar with the intricacies of personal injury claims.
Instead, direct your search toward a personal injury law firm that has experience handling personal injury cases, specifically. If you’re looking for tips on the personal injury attorney search process, the best place to start is a quick search for a “personal injury lawyer” in your geographic area. And always remember: just because one attorney can’t or won’t take your case does not necessarily mean that you don’t have a case worth pursuing.