You got hurt while driving on the roads in Tacoma city, Washington and you feel that a personal injury lawyer should fight your case to get you compensated by the offender. But, to your surprise, some personal injury attorneys outrightly refuse your case and you might think that the attorney is incapable of taking up your case. You might then consult your friends or colleagues regarding your case and somebody might just suggest the name of the ‘best personal injury’ lawyer living in the area where you live.
Now, if the above recommendation too falls flat on your face, you might simply wonder, what’s wrong with your case. But, to say the least, an attorney might want to turn down your case not because the total costs or time taken for the representation of case are too high, but there are other factors at play which you might not be aware of.
So, wouldn’t it better if you just invested a bit of your time studying and evaluating your case even before consulting the best personal injury attorney?
Here are a few reasons why even the best personal injury lawyer would refuse to take up your case.
The Issue of Liability
Sometimes the person who you hold responsible for causing severe hurt or injury to you may not really be liable for the injury though in your opinion he or she is. As an example, say, you were about to enter a restaurant but you slipped right near the entrance and got your leg fractured because it rained a few minutes ago and the floor became wet. You might argue that it should have been the responsibility of the cleaning staff at the restaurant to have kept the floor wet.
Now, the above argument presented by you may not be sufficient to prove your case. Often, it becomes too difficult to establish the liability of the other person, especially when it’s considered that you bear a direct responsibility to your case of personal injury.
A personal injury lawyer in Pierce County may study and evaluate your case but if he finds that a clear-cut liability can not be established and the chances of settlement are too low, he may refuse to take up your case.
Now, it should be understood that the less the likelihood of winning the case, more will be the costs attached to the case. The prospective attorney will refrain from taking high-risk cases in much the same way a smart investor would while investing in a certain project.
The defendant is financially incapable
In most personal injury cases insurance coverage may be available but in certain cases, insurance coverage may not be available or available in its limited form from the defendant’s side. For example, if you were injured in a car accident, then regardless of who is at fault, the defendant is legally not liable to make the payment of your medical bills. The law states that the defendant will only have to pay for the car damage if he is found guilty of breaking down or smashing your car.
Under the condition of ‘no fault’ by the defendant or by you, all or some of your medical bills will be paid for by your automobile insurer. If you have a ‘health insurance plan’ the health insurer will bear your medical expenses. Yet, at times, the compensation for your personal injury will depend on the state you live in.
There might be certain cases where your medical bills exceed a reasonable limit in which cases you will able to step out of your limit and file a case against the defendant if he is found to be at fault. But then, you will have to be patient until your case gets resolved because it will take the personal injury attorney to prove your case as a fit case for compensation.
In cases of personal injury due to reasons other than a ‘car accident’, a defendant may be financially incapable of paying for your personal injury claims at a personal level and therefore a personal injury attorney might not likely take up the case. A lawyer by all means will anticipate the recovery arising out of the proceeds and will then take up your case.
The expenditure or time involved in a personal injury case
Some of the personal injury cases might be those where a lawyer will need to spend a significant amount of money before he actually gets to win the case. For example, if a personal injury case is the one where a ‘contingency fee’ is involved, the lawyer will get paid for his time only if he has reached a certain point in establishing your case.
The lawyer who works for a contingency fee will have to bear with certain expenses such as preparation of documents for opening of case, discovery of fault-lines, payments to be made to the medical experts, etc. If such expenses are found to be crossing the lawyer’s ability to pay, then he will very likely not take up your case.
Besides the above, if the case is anticipated to be taking too long a time, the lawyer may not receive the money immediately from you as a plaintiff and in such a case he won’t risk his money either. The lawyer will also not be able to take up cases that can fetch him more money or bear positive outcomes and therefore this too becomes a fertile ground for him to effectively deny your case.
In a nutshell, a personal injury lawyer will take up your case only if he feels confident that he will get paid for taking the risks and the case will not take too long to get resolved.
The conflict of interest or complexity of your personal injury case
Whether the personal injury attorney is based in Tacoma city, Washington or Atlanta, Georgia he needs to stick to certain code of ethics and principles. If by any means, he is found to be violating the legal guidelines, he may risk losing his bar license. For example, a lawyer is more likely to reject a case where the defendant may be someone who has been represented by him earlier.
A lawyer will also refuse to take up your case if it requires a sacrifice of his moral principles.
While the aforementioned situations speak of conflict of interest, there are certain personal injury cases that are too complex to be resolved. If the case requires too many expert witnesses, it means more money will have to be shelled out to bring those witnesses into action for case-deposition. A lawyer will not feel worth taking up such a case.
When making a reference to the complexity of any case, it might also happen that a personal injury attorney might find himself inexperienced to be able to resolve a case.
Sometimes, a personal injury case might also involve the intervention of federal courts, framing of new laws, or immunity from governmental policies. In such cases too, a lawyer may feel restricted to come up with any positive outcome and hence may refuse to take up the case.
Besides the aforementioned reasons, there could be many more reasons such as your proximity to the personal injury lawyer (you as an injured client living out-of-state or the defendant living outside the jurisdiction of the lawyer), your inability to establish a good rapport with the lawyer, etc.
Whatever be the reason, a personal injury lawyer will always balance the risks associated with your case and his rewards being turned out from the case. But, all in all, it would always be wise to take a second or third opinion before you finally make up your mind to stop reaching out to any personal injury attorney.
Finally, if you are someone who is in desperate search of a ‘personal injury attorney’ in Pierce County, Washington, do reach out to whalley-Law attorneys who might just be able to help you out with your case.