6 Reasons Why A Personal Injury Lawyer Will Not Take Your Case

Hiring a personal injury lawyer to sue the owner of a store where you slipped on a wet floor and suffered an injury may not be as easy as you think.

The free consultation you use to decide whether to hire a lawyer is also a chance for the lawyer to decide whether to take your case. Here are six reasons why a personal injury attorney in New York may refuse to take your case.

You waited too long before going to a lawyer

States prefer that you make a claim for compensation as soon as possible after an accident. If you suffer an injury due to the fault of another party, you have a limited amount of time to sue for damages. Lawyers call this a “statute of limitations.”

The statute of limitations for some personal injury cases is three years in New York. You may have less time to sue if negligent medical care caused your injuries.

Lawyers will refuse a case with an expired or close to expiring statute of limitations. Avoid problems by consulting with a lawyer as soon as you realize you suffered an injury.

The lawyer has a conflict of interest

A lawyer cannot take your case if it would create a conflict of interest. This may occur when your interests conflict with those of another client already represented by the lawyer.

For example, you suffer an injury while riding as a passenger in a friend’s car when it collides with a speeding truck. The lawyer representing your friend, who was also injured in the collision, refuses to represent you because of a conflict of interest. The conflict is that an investigation may disclose fault on the part of your friend in causing the crash.

Talking to too many lawyers about your case

An excellent way to find the right lawyer to handle your personal injury case is to interview two or three of them. Most New York personal injury lawyers offer a free initial consultation for you to discuss your case and decide whether to hire the lawyer.

It’s common for people to shop around, but be careful not to get carried away. Too many meetings with lawyers may send the wrong message.

A lawyer who knows you spoke to several other lawyers may wonder why they did not accept your case. It could also cause a lawyer to think you may be a difficult person to work with and refuse to take your case.

Your damages may not justify the lawyer’s time and effort

A lawyer may look at a case and decide it is not worth the time, effort and expense based upon the damages you incurred. For instance, a property owner may be at fault for failing to remove snow and ice from a sidewalk. A lawyer may decline to take the case if your only injury was a minor bruise that did not need medical care.

Lawyers usually take on personal injury cases with their fees computed as a percentage of the amount recovered on behalf of the injured party. If the potential recovery appears to be too low, the fee may not justify the time and effort the lawyer must put into the case.

The degree to which you were at fault

If you were at fault in causing an accident or your injuries, it may reduce the compensation you receive. For example, a driver texting on a cellphone causes an accident in which you suffer an injury. You were not wearing a seatbelt, so a jury may decide the injuries were 20% your fault and reduce your compensation.

Contributory negligence does not prevent you from recovering damages under the law in New York. A lawyer may estimate how your fault may affect the outcome of the case. This may cause a personal injury lawyer to refuse to handle your case.

Pressuring a lawyer to tell you the value of your case

It is common for accident victims to ask a personal injury lawyer to tell them the value of their case. A lawyer may offer an estimate based upon the range of settlements in similar types of cases. It’s difficult to give a more precise estimate of value without at least reviewing medical records, witness statements and accident reports.

A reputable lawyer may refuse to take the case of a person who insists during the initial consultation on knowing its value. A person who refuses to allow a lawyer to take the time needed to become familiar with the facts and issues in a case may be a problem later on.  

Comments

Post a Comment

Popular posts from this blog

What’s in Your Kitchen?  Whoopie Pies, Drinks, Raisins, and Chickpea Salad

What’s in Your Kitchen? MakeFoodSafe.com would like to help you keep your family safe from unsafe foods.  Each week we bring together a list of the current recalls.  Some recalls are issued due to undeclared allergens, which could cause serious or life-threatening allergic reaction if someone sensitive to the product consumes it.  Other recalls are issued due to contamination with harmful material or other health risk.  Check back often and evaluate your fridge, pantry, and shopping list to make sure you can identify which foods to avoid. Stewart’s Shops Corp Recalls Cranberry Apple Refresher Due to Undeclared Allergen Stewarts Shops Corp of Saratoga Springs, New York issued a recall on October 17, 2018 for their approximately 2,300 units of Cranberry Apple Refresher due to the undeclared allergen, milk.  Those with an allergy or severe sensitivity to milk risk serious or life-threatening allergic reaction if the product is consumed. The recall was initiated...
Read more

Injury Data Reveals Infrastructure Need for E-Scooter Riders in NY

The uptick in electric scooter riding in New York City has come with a slew of complications, including a rising number of scooter-related injuries . New York City leaders and scooter company officials alike are weighing their options for creating a safer transit environment for these e-scooters. One recent report suggests that the most promising option is to create more third-lane, or bike lane, options for electric scooters. This report, compiled by the Insurance Institute for Highway Safety (IIHS), found that most people who are injured in scooter accidents were riding on a sidewalk at the time of their accident. Their research suggests that scooter riders often do not feel safe enough to share the road with cars, so they opt for using sidewalks when bike lanes are not available. While this may keep scooter riders safe from colliding with vehicles, it puts pedestrians who use sidewalks at a greater risk. The data show that three out of every five scooter riders who were injured s...
Read more

Food Safety Better at Fast Food or Full-Service Restaurants?

When you go out to eat, there is a level of trust you are putting in the hands of the people who are preparing your food.  There are regulations in place, health department inspections, and a cleanliness factor you expect of a food establishment.  But the bottom line is, a large number of foodborne illnesses occur as a result of eating at a fast food or full-service restaurant establishment.  According to the FDA Report on the Occurrence of Foodborne Illness Risk Factors in Fast Food and Full Service Restaurants, 2013-2014, prepared by the FDA National Retail Food Team, “Consumer demand for food away from home has led to increased spending in both fast food and full-service restaurants.”  According to the study, there are over one million restaurants employing more than 14 million food service workers. So, food safety as it related to fast food and food service is a thing. Food borne illness is serious.  According to the Center for Disease Control and Preventi...
Read more