Personal injury attorneys spend their whole careers seeking justice for those who have been wrongfully injured. With hundreds of different types of lawyers to choose from, it’s critical to interview several attorneys to ensure you are hiring the best fit for your needs. Unfortunately, not every attorney will be willing to take on your case.
Just as you are sizing up the lawyers to see which one fits you, personal injury attorneys must feel confident that they can adequately represent your rights. Even in cases where serious injuries have occurred, there may be other factors preventing a lawyer from accepting you as a client. Knowing these reasons can help you prepare for a consultation with all the pertinent information your lawyer requires, and to narrow your search for firms who are experienced in the type of injury claim you need.
Expired Statute of Limitations
One of the most common reasons why a personal injury attorney may not accept your case is that it is outside of the statute of limitations under New York State. A statute of limitations is the law that sets the maximum time after an accident or injury that a plaintiff can initiate legal proceedings. Each type of claim has specific timelines that are non-negotiable when it comes to filing. If your claim is past the statute of limitations, there is often nothing an attorney can do.
Difficulty Establishing Liability
If a case is within the statute of limitations to file under NYS law, the next factor an attorney will look at in your case is the ability to prove liability. Personal injury claims must show that someone was liable for the injuries a victim sustained. It makes no difference whether the injury was caused by accident, negligence, or if it was intentional in nature, a personal injury lawyer must be able to prove that the defendant in the case was directly liable. If an attorney is unable to prove liability, or unwilling, they will certainly turn down the case.
Personal injury attorneys must be able to gather and process enough evidence to prove liability and damages in order to render monetary awards from a claim. This can take an impressive amount of resources and lots of investigative work. Not all firms possess the same amount of resources and expert witnesses to successfully file a claim. This could lead a lawyer to pass on your claim, especially if they feel there is a possibility it could go to trial.
A personal injury victim has the ability to claim a number of damages directly resulting from their accident. This could include medical expenses, loss of wages, mental health treatment costs, or pain and suffering. An attorney who believes your case lacks enough damages to equal a significant compensation request may see it as more work than it’s worth.
High Expense and Time Consuming
Personal injury attorneys do not get paid unless they win. This means that the time and effort it takes for them to prove liability in your case must feel ‘worth it’ in the long run. Some attorneys may not want to put forth a great deal of time into a case that is only seeking minimal compensation. Other lawyers may already have too many cases on their plate, with no additional time or expenses to represent you appropriately.
Attorneys in the personal injury field of law do not all have the same experience with each type of personal injury case. Some firms may focus on car accidents, while others spend more time on medical malpractice. Finding out which area of law a firm has the most experience in before scheduling a consultation will save you from getting turned down for lack of experience.
Conflict of Interest
Attorneys vow to follow strict guidelines in their practice upon passing the Bar. They must be able to act ethically and always in the best interest of their clients. According to the American Bar Association ,if a conflict of intent exists before representation is undertake, the attorney must turn down the case. Conflicts of interest include any factor that may cause an attorney compromise representation of their client’s best interests. For example, a lawyer may turn down your case if the defendant you are suing used to be a client of theirs in the past.
History of Rejection
New attorneys, or attorneys who are not confident that they can win a tough case, may take their lead from other firms who have passed on your case. These red flag cases are categorized as ‘risky’ or ‘undesirable.’ And because personal injury attorneys are only paid when they win, a risky case for some firms is not worth the potential loss.
Consultations do not always go well. It may be due to a personality clash or value discrepancy, but sometimes people just do not get along. When this occurs, it is better for an attorney to turn down your case immediately than to run into unrepairable problems down the road.
Don’t take offense if an attorney turns down your case. There are hundreds of attorneys in the New York and Long Island area that may still be able to represent you. If a personal injury attorney does not want to represent you because of the finances, time, or lack of resources required, you are better off finding another attorney who is properly equipped to handle the challenge.
New York City and Long Island Accident Attorneys
Our personal injury attorneys at the law firm of Siler & Ingber, have over 20 years of experience serving clients across New York City and Long Island. We protect your rights by maximizing recovery and securing the financial support our clients need to succeed on their road to recovery. Our winning attorneys know how to navigate through the claim process using past experience as insurance defense attorneys. We are not afraid to fight and are fully prepared to take your case to trial to get a justified verdict over settling for less.
If you or a loved one has been injured in an accident due to the negligence of another, our team at Siler & Ingber is here to help. With a 98% success rate, we have the experience and the know-how to help our clients achieve a favorable outcome. Contact us today at 1-877-529-4343, or schedule an appointment online anytime. We never charge a fee unless we recover money for you.