Sustaining injuries from someone else’s careless acts can be very frustrating. The results may come with unprecedented burdens like medical bills or leaving you unable to work for some time. This means that injured parties need a reputable accident lawyer in Miami to fight for their rights.
The journey to pursue justice begins with giving your side of the story to an experienced personal injury lawyer. After thorough scrutiny of the facts and evidence, the lawyer will share their professional point of view about the viability of the case. If a lawyer determines that the law is not on your side, chances are that they may decline to take up the case. In this article, we will look into why a personal injury lawyer may not take your case.
Insufficient Damages
On certain occasions, a personal injury lawyer may decide to turn down a case regardless of whether it has a legal basis. This may happen if the lawyer believes that the eventual court award may be too low to justify filing a lawsuit.
Personal injury lawyers are paid a percentage of the court award and do not get paid by the client upfront. In this payment model known as “contingency basis,” they only get paid if they win.
In deciding whether to take on a case, a lawyer first weighs the expenses and time required in the case versus the anticipated award. If the award does not justify the time and money expended, they may not take up your case.
Lack of Enough Evidence
An injury attorney may decline to take on a case if, in their opinion, the evidence in existence is not sufficient to convince a jury to rule in your favor. As plaintiffs, we need concrete proof backed up by witnesses, videos, photos e.t.c to support your allegations. If a lawyer opines that it would be hard to prove your claims, they may refuse to take up the case, citing a lack of evidence.
Expiration of Statute of Limitations
A personal injury lawyer may decide not to take up a case when the Statute of Limitations has expired. This is the time frame stated in law within which an injured party should file a claim. If the time lapses, we cannot file a case regardless of the evidence we have.
It’s only in rare cases, like when a victim was incapacitated during the period, that a case can be revived.
Defendant with Insufficient Resources
Winning a personal injury case may not always translate into guaranteed payment. In some situations, the defendant may not be financially stable, meaning that the plaintiff can’t collect their award. As the old saying goes, “you can’t get blood from a stone.”
To avoid such outcomes, a lawyer does a background check to confirm the defendant’s resources or whether the defendant has an insurance policy that could pay the award money in the event of a win. In case the defendant doesn’t have a policy, there is a limit on what you can collect from them. Some particular incomes and assets are declared “exempt” and cannot be used to settle a court award. In such instances, a lawyer may decline to represent you in a personal injury case.
There are so many reasons why a personal injury lawyer may choose to decline a case. Many times it may just be personal preference on their part. However, if you have more questions on personal injury laws or have been involved in an accident, consult with one of our attorneys immediately, https://www.personal-injury-miami.com. Our law firm is exceptional at walking you through everything you need to help you win such cases.
Flagler Personal Injury Group
1 NE 2nd Ave #200
Miami FL 33132
305-424-8445
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