“Why Would an Injury Lawyer Not Take My Case?”
Car accidents and personal injuries happen to good people, every day.
No one asks to get hurt.
So, after seeking medical attention, one of the first things you need to do after being in an accident is to contact an attorney. Finding the right attorney can offer you hope for the future, considering the adverse effects accidents can have on people’s lives.
Yet finding the right attorney can be difficult.
Sometimes, attorneys refuse to take on particular cases. Instances of attorneys rejecting cases are not uncommon. A personal injury attorney may reject your case for various reasons.
4 Reasons Why a Personal Injury Attorney Might Reject Your Case
The Attorney Has a Conflict of Interest
There are a variety of conflicts of interest that can prevent a lawyer from taking a case. A conflict may occur between a new client and a current or former client of the law firm.
There can also be concerns if a client’s interests conflict with the lawyer’s professional or personal relationships.
For example, if the client is looking to sue a business that happens to be owned by the lawyer’s family, there would be a clear conflict of interest for the attorney. It’s also possible for there to be an issue if the potential client’s interests are at odds with the attorney’s own interests.
The Statute of Limitations Has Expired
The statute of limitations is a law that dictates how long you have to bring your claim forward. All states have limits on the amount of time you have to file a lawsuit in court after you suffer some type of harm.
There are different deadlines, and they vary depending on what type of case you want to file, but in general this kind of law is called a statute of limitations. If you approach a personal injury attorney after the statute of limitations has expired on your case, they will turn you down.
This is because, after the statute of limitations expires in your case, you generally don’t have the right to seek compensation. Bottom line, speak with a personal injury sooner rather than later to avoid this issue.
Your Percentage of Fault Is Too Much
North Carolina is one of only a handful of states that still have contributory negligence. Contributory negligence means if you are found by a jury or judge to be even 1% at fault for your accident or injuries, you recover nothing.
Most states have a form of what’s call comparative negligence. In most cases, that means the jury assigns a percentage of fault to all parties involved, but as long as the injured person is less than 50% responsible, they may recover although the amount of the recovery will be reduced by their own fault.
As with the statute of limitations, the laws vary from state to state so it’s best to get with an experienced personal injury lawyer and learn the law for your particular circumstance.
The Attorney May Lack the Expertise to Handle Your Case
When searching for a personal injury attorney, keep in mind that not all attorneys handle all types of personal injury cases. Some personal injury attorneys may have certain areas that they focus on.
For example, some attorneys handle car accident cases but not medical malpractice cases. If the personal injury attorney you approach does not handle your type of case, they may not take your case.
However, if an attorney doesn’t focus on the type of case you have, they probably know of an attorney that does and can recommend you to an attorney that may handle your case.
Asheville Personal Injury Law Firm – Fisher Stark P.A.
Fortunately, even if a personal injury attorney rejects your case, you may still be able to find one who can work with you.
If you are looking to find a personal injury attorney, reach out to our Asheville personal injury attorneys here at Fisher Stark, P.A.
At our law firm, we are dedicated to upholding the highest standards of professionalism and delivering appropriate legal representation to our clients. We can assess your case, advise you accordingly and help you to the best of our ability.
However, if upon further assessment, we determine that a case might not align with our expertise or resources, we believe in transparently communicating this to the individual involved.
So if someone, in our legal opinion, does not have a case worth pursuing, we will tell them.
We invite you to contact us online or call 1-828-505-4300 today for a free consultation if you or a loved one has been seriously injured in an accident and you want a fair and honest assessment of your legal options.
We will work hard to get you the justice & fair compensation you deserve. Fisher Stark, P.A. is a highly respected personal injury law firm in Asheville, NC. We provide experienced legal help for clients in Asheville, NC, and all the communities in Western North Carolina. Collectively, our legal team – Perry Fisher and Brad Stark – have more than 50 years of trial practice and have participated in more than 1,000+ injury cases. Call 828-505-4300 for a free consultation.