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Sometimes, people injured from accidents in the USA find it challenging to hire a personal injury attorney. Has that happened to you as well? Or, are you afraid that you do not have sufficient evidence to hire an attorney? When does an attorney refuse to take a personal injury case? To help you understand the reasons, we have listed a few situations that can make it difficult to find legal representation.
The accident does not count as a personal injury
The personal injury should be an injury to your body and not damage to your property only. It can be a result of someone’s negligence or intent. However, for an accident to be a personal injury, it is not enough for it to occur on someone else’s property. The lawyer has to prove that there was malicious intent or negligence on the part of the other person/party involved to win a personal injury claim.
Sometimes, an accident may not be the fault of the property owner at all, but the folly of a machine manufacturer, or builder. For example – you are helping your neighbor mow his lawn, but it catches fire while you are using it. You escape with burns on your hand, and now you want to sue the homeowner. However, it could have been a defective product. In that case, the court cannot hold the homeowner in contempt. If you want to sue the homeowner nonetheless, you might have trouble finding representation since proving fault is imperative for a personal injury case.
The course of events leading up to the accident
One of the first things the attorney is likely to ask is how the accident happened. To hold the other party financially accountable, you need to prove that they were at fault. Their liability should be at least 51% for drafting a viable personal injury claim in Los Angeles. For example – you have been in a car accident, where you were going in the right direction and following the traffic rules, but another car hit you from behind. That resulted in severe whiplash. Now, you, the injured party, have to prove that it was the other party’s fault.
In a similar situation, if you were going 10 mph in a fast lane or you braked suddenly without any indication, the attorney might decline your case. Since the monetary award will be considerably less even if you manage to win the case, the lawyers might reject the case outright. A personal injury lawyer has the complete right to analyze the legal responsibility of the situation and predict the likelihood of success in any given scenario.
The extent of damage and seriousness of the injury
Attorneys have heard “I could have been killed” way too many times in the past. From simple slip and fall injuries in the shopping mall to wounds from operating heavy machinery at the workplace, the personal injury lawyers have probably encountered cases similar to your claim umpteen number of times. Whether it is a matter of principle or speculative damages, personal injury cases cannot stand on instances that could have been. The attorney has to judge the real extent of the injury and personal loss to build a lawsuit against the other party.
Thus, the grievousness of your injury, the cost of your medical treatment and the loss in wages due to the effect of the damage will determine the future of the personal injury litigation. If you have suffered only minor injuries, the attorney may pass on the case since the compensation will be nominal. Personal injury attorneys do not charge flat fees. It is natural that they do not want to invest time or energy in any case that does not seem promising. If your personal injury litigation does not make sense economically, your personal injury lawyer might deny representing you instantly. The cost of drafting the case, evaluating the initial evidence and collecting testimonies are always a part of the attorney’s considerations. If the total cost exceeds the expected monetary compensation, then the attorney is highly unlikely to accept the case.
You have spoken to too many personal injury lawyers
When you contact a personal injury lawyer, it is not smart to “shop around.” You will need the right lawyer with enough experience and expertise on the field, but that does not mean you can check out as many as you like. To find the right lawyer in LA, check out https://www.hersheyinjurylaw.com/personal-injury-attorney-los-angeles. When a personal injury lawyer realizes that you have been shopping around, it immediately raises a red flag. A person has two potential reasons for “trying out” different lawyers – firstly because he or she wants to know if there is a case and secondly, he or she wants to find the highest payout.
These are enough reasons to spook even the personal injury veterans away. Personal injury law is complicated, and a multitude of factors determine how much chance you have of winning the case. There is no specifying the amount you will receive as compensation. In fact, there is no guarantee that you will win the case at all! Choosing an experienced lawyer definitely increases the chances of you winning your litigation, but shopping around does not do you any favors. Any personal injury attorney, who promises a high payout may be scamming you. A smart lawyer never guarantees a result, but merely explains the probabilities.
Exposure on social media
Anything you post on social media is public knowledge. Even with the privacy policies of social networking sites and social messaging apps, it is impossible to keep things from reaching the media and the opposing legal teams. For example – after a severe injury, if you have assured your friend or a family member that you are fine and it was nothing but a touch-and-go, you might be looking at a lost case.
The insurance company and the defendant’s legal team will try and find everything they can to undermine your injuries. If you have too many details of the accident on social media, your personal injury lawyer might see it as a sign of a weak case.
If your lawyer of choice rejects you, you have the right to ask for the reason. It will help you figure out if you should seek a meeting with another lawyer or drop the case altogether.