Having an experienced personal injury lawyer on your side can be invaluable if you’ve been hurt in an accident. Your attorney will protect your legal rights and fight to get you the compensation you deserve for your medical bills, lost wages, and other damages.
Contrary to what you might believe, however, accidental injury lawyers don’t accept every client who contacts them for help. Understanding the reasons an attorney might not agree to take your case could save you time and trouble. Before you decide for yourself that you don’t have a strong case, take advantage of the free consultation and case evaluation that most personal injury lawyers offer.
No. 1: You Suffered Only Minor Injuries
To recover a substantial personal injury settlement, you must have suffered serious injuries. Although the definition of a serious injury is obviously subjective, this term typically refers to those injuries that either:
- Require extensive treatment,
- Cause long-lasting or permanent damage,
- Prevent you from returning to work,
- Diminish your earning capacity, or
- Diminish your quality of life.
Assessing the severity of your injuries is difficult to do on your own. To determine if you have a strong case, talk to an experienced personal injury attorney.
No. 2: You Waited Too Long to Pursue Your Personal Injury Claim
Every state has a statute of limitations that dictates how quickly you must take legal action in a personal injury case.
The Texas statute of limitations, for example, provides you with two years to pursue legal action after the date of injury. The Florida statute of limitations offers a generous four years to file your claim for most types of personal injury cases. The Louisiana statute of limitations, on the other hand, is one of the most restrictive. You have only one year to file a lawsuit for most types of personal injury claims in Louisiana.
It is important to understand that these are basic guidelines, and in many cases, provisions within the state laws may extend this window of opportunity. An attorney can review the facts of your case and determine if you still have time to file a personal injury claim.
No. 3: The At-Fault Party Was Not Negligent
We often refer to car crashes as “accidents” because, in many cases, drivers simply make mistakes. Even if you sustained serious injuries in an accident that you didn’t cause, the at-fault party is not automatically negligent.
Establishing liability for your damages requires demonstrating the four components of negligence, which are:
- Duty of care,
- Breach of duty,
- Causation, and
- Actual damages.
Negligence laws are complex and they vary from state to state. Talking to an attorney is the only way for you to know for certain if you have a claim based on negligence.
If the at-fault party wasn’t negligent, that doesn’t automatically mean you have no case. You may be able to pursue your personal injury claim through your own insurance or a third party who may have contributed to your damages. Again, these are questions that an experienced attorney can answer for you.
No. 4: You Have Little Chance of Recovering Compensation
Most personal injury attorneys accept cases on a contingency basis. This means that you owe no legal fees unless the law firm recovers compensation for your damages. This is great for you, because you may already be struggling to get the treatment you need and pay your bills. However, in addition to believing you have a strong case, your attorney must believe that the at-fault party has insurance or another form of financial resources. Otherwise, even if you prevail in court, you have little chance of recovering any money from the defendant..
No. 5: You’ve Been “Shopping Your Case” to Other Attorneys
Although this practice is not common, some accident victims go from firm to firm, searching for whichever attorney will estimate their claim value the highest. If an attorney provides an opinion on your claim’s potential value, you generally should avoid saying something like, “Well, XYZ Law Firm said my case was worth much more!”
When choosing a personal injury attorney, look for someone who has experience with your type of claim. Inquire about their years in practice. Ask how many clients they’ve helped. Ask about the firm’s track record of success for past clients.
An attorney’s prior achievements may not reflect on the outcome of your case. However, knowing a law firm has gotten good results for their clients in the past means they’ll fight for you too.
How Can I Talk to a Personal Injury Lawyer Near Me?
Johns Law Group provides free consultations 24 hours a day, 7 days a week.
You can see some of our past case results to better understand just how hard we fight for our clients. We aren’t like other firms that you might have talked to. We are young and aggressive with the experience it takes to get the job done for you. We assist clients in Texas, Louisiana, Florida, and Georgia.
To learn more about us or to schedule your free personal injury case evaluation, contact us now.
Jeremiah Johns is a former insurance defense attorney who now represents plaintiffs in bad faith insurance, catastrophic injury cases, and commercial disputes. He has a unique perspective from his experience representing some of the nation’s largest insurance companies.
Jeremiah is licensed to practice law in Texas, Louisiana, Florida, and Georgia (though he is presently inactive in Georgia). He is also admitted to the 5th Circuit Court of Appeals. For his education, Jeremiah earned an LL.M. in Admiralty from Tulane University, a J.D., cum laude, from Syracuse University, and both a B.A. and B.S., magna cum laude, from Georgia State University.
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