Category: Understanding Personal Injury

If you’ve been hurt in an accident, you might be wondering whether you can file a personal injury claim. However, not every lawyer will accept every case. Understanding the reasons why an attorney could say “no” can help you decide your next steps and clarify if it’s worth seeking a second opinion. 

Here are four common reasons a personal injury attorney might decline to represent you, as well as information on what you can do if you still believe in your claim.

1. There Isn’t Clear Liability

A strong injury case relies on demonstrating that someone else was at fault for your injuries. In other words, you need to show that another party’s negligence or wrongdoing caused the accident. Sometimes, if it’s unclear who is responsible—or if the evidence points to you being the primary cause—an attorney may be reluctant to take your case.

For instance, if the police report or witness statements suggest you’re mostly at fault, or if the accident’s circumstances are murky, an attorney might feel the case doesn’t have solid ground. 

If you’re in this scenario, gather any additional proof or documents that might clarify who is responsible. Police reports, eyewitness details, or photos from the scene could help shift an attorney’s view and show that your claim might hold water after all.

2. Damages Aren’t Significant Enough

Another reason a lawyer might turn you down is if your injuries and financial losses aren’t large enough to justify the legal costs. In personal injury cases, attorneys typically work on a contingency fee basis, meaning they only get paid if you win compensation. 

Cases with minor injuries and low medical bills may not recover enough money to cover the attorney’s time and expenses, especially once court or expert witness costs are factored in.

If your financial losses are modest, you could try handling the claim alone through the at-fault party’s insurer, especially if the fault is obvious. However, if you suspect the damages are bigger—like hidden future medical needs or lost wages—consider gathering more medical assessments or second opinions that confirm the true extent of your costs.

3. The Statute of Limitations Has Passed

In most states, there’s a statute of limitations on personal injury cases—usually two years from the date of injury (though certain details can alter this deadline). If you wait too long and the filing window has closed, a lawyer will generally decline your case because the courts will almost certainly dismiss it. Attorneys don’t want to invest time in a matter that’s already barred by law.

Check whether any exceptions exist—such as injuries discovered late or if the injured victim is a minor. Even if your time seems to have expired, it might be worth consulting another lawyer to confirm.

4. Insufficient Evidence of Injury or Causation

Sometimes, an attorney sees that the direct link between the accident and your injuries isn’t clear. Maybe medical records don’t prove that your harm stems from the incident in question, or perhaps you have a pre-existing condition that complicates matters. In personal injury law, you need to show both that you’re truly injured and that the accident caused it.

If you believe your injuries truly resulted from someone else’s actions, you can seek more detailed medical exams or specialist opinions. Having a doctor who can connect your pain or limitations to the crash can strengthen your case. An attorney might reconsider if new, robust medical proof emerges.

Contact a Personal Injury Lawyer for Help After an Accident

Even if one attorney turns you down, that doesn’t necessarily mean you lack a valid claim. It might just be too risky for that particular lawyer, or the case may need stronger evidence. Get in touch with an attorney for a free consultation to learn about your legal rights and options.

The days and weeks following an accident or personal injury can be confusing and frustrating. You may need a personal injury attorney to help with your personal injury claim. If so, you are not alone.

Many accident victims hesitate to contact a personal injury attorney. They may think they can handle the claim independently or believe hiring an attorney is too expensive. Whatever the reason, filing a personal injury claim without a personal injury lawyer could jeopardize the outcome of your case.

How a Florida Personal Injury Lawyer Can Help You With Your Claim for Compensation

Personal injury lawyers have experience, skills, and resources that the average person does not possess. They understand Florida’s personal injury laws and insurance regulations and routinely help victims and their families seek fair compensation for damages.

If you are unsure whether you need legal representation, here are six ways a personal injury lawyer can help you with your injury claim:

1.  Handle Investigations and Discovery 

Injured victims have the burden of proof in a personal injury case. They must have evidence proving legal elements to establish causation, fault, and liability. 

A personal injury attorney will investigate your claim to determine how your injury occurred and identify the responsible parties. They’ll gather evidence, including tracking down witnesses, securing evidence from the accident scene, obtaining accident reports, and much more.

Lawyers might also work with experts during the investigation to gather additional evidence to establish the other party’s fault. The investigation can be costly. Most personal injury attorneys front these costs.

2.  Document and Value Damages 

Damages in a personal injury case include expenses and losses (economic damages) and pain and suffering (non-economic damages). The party who caused your injuries pays you a monetary amount for these losses. 

Accident victims may be aware of some damages, such as medical bills and lost wages. However, they may not be aware of the other damages they could receive. 

An attorney meticulously documents all damages to maximize the value of the claim. Then, they evaluate the damages to determine how much the case is worth.

Valuing damages can be tricky. For example, there is no standard formula for putting a price on pain and suffering. Insurance companies routinely undervalue damages, especially when the victim is not represented by an attorney. 

3.  Prepare a Settlement Demand Letter and File Insurance Claims

Insurance companies have endless resources and trained professionals to fight claims. An injury lawyer files insurance claims, handles all related matters, and evens the playing field.

Your attorney will prepare a settlement demand letter to send to the insurance company. The letter outlines the facts of the case, your injuries, and your damages. It also provides a legal analysis of the case explaining why the other party is legally responsible for your damages. 

4.  Evaluate Settlement Offers 

The insurance company will likely counteroffer for a lower settlement amount. In some cases, it might make a settlement offer first.

An injury lawyer will evaluate the offer to determine if the settlement amount is fair and reasonable. If not, the attorney may counteroffer and negotiate with the company for a fair settlement. 

Signing an offer without a lawyer is unwise. The settlement agreement and waiver you sign include a general release. 

You agree to waive your rights to pursue a claim when you sign the agreement. In other words, you cannot demand more money even if you discover new evidence or additional injuries and damages. 

5.  Bring an Objective Perspective to Your Case 

It can be difficult to be objective about your personal injury claim. You rightfully expect the party who caused your injury to pay for all bills related to the injury. You expect them to reimburse you for your losses and expenses and compensate you for your pain and suffering.

However, your case might not be as strong as you believe. There could be several reasons you should accept a settlement offer instead of filing a lawsuit. 

For example, there may be insufficient evidence to prove your claim. If so, a jury could rule for the other party at trial. You may be partially to blame for your injuries, which could result in your compensation being reduced under Florida’s comparative fault laws.

An attorney looks at the big picture. They’ll analyze all factors that impact your case to determine the best possible resolution, given the facts. Your attorney gives you an honest, thorough assessment of your options based on sound legal principles instead of emotion. 

6.  Represent You in Court If Necessary

Most personal injury claims are resolved without going to court. However, if your case does not settle, you may need to file a personal injury lawsuit. If an attorney has been working on the case from the beginning, they will be prepared to file a lawsuit, which can significantly shorten the timeline of your case. 

Seek Help From an Experienced Florida Personal Injury Attorney

If you sustain an injury due to another party’s actions, seeking help from a Florida personal injury lawyer is strongly recommended. Attorneys provide free consultations, so there is nothing to lose by scheduling an appointment. You’ll learn more about your case and the benefits of hiring a lawyer so you can make a decision that is in your best interest. Furthermore, if you hire a personal injury lawyer, you will likely receive their services on a contingency fee basis. The attorney agrees to be paid from the proceeds of your case, so you do not risk anything by hiring the attorney.