Reasons a Personal Injury Attorney Might Not Take Your Case
There are times when someone has been injured but they are unable to find an attorney that’s willing to accept their case. Below are the top 2 reasons that this might happen.
The way the accident occurred
In order for someone to be financially accountable for a plaintiff in a personal injury case, the attorney will need to show that said person did something wrong that caused the injury.
For example, a person who sustains a slip and fall injury while on another person’s property, but the injury occurred during a rainstorm (and they slipped and fell when they stepped in a puddle), they are unlikely to be successful in pursuing a personal injury claim. Why? Because it would be unreasonable to think that a property owner could keep water from collecting on a sidewalk or driveway during a rainstorm.
On the other hand, if the property owner changed the oil in their car earlier in the day and the injured party hurt themselves as a result of the oil not being cleaned off the ground properly, a case is more likely to be won. In this example, an attorney would likely be able to show that event A caused event B.
In order to have a viable personal injury claim, you’ll need to be able to prove that the other party was at fault. If you can’t establish fault or the personal injury attorney believes that you may be partly at fault, they may decline to take your case.
The injury was not serious
One of the key components that an attorney will look at when they are deciding if they’ll accept or decline a case is whether damages can be collected.
Let’s take a moment and circle back to the previous example, in which a property owner failed to properly clean motor oil off their driveway. If you slipped in the oil, but the only injuries you sustained were a stubbed toe and a scraped knee, it’s unlikely your case will be accepted.
A claim of “well I could have been killed” or “I could have fallen and broken my neck” are not elements that are factored into legal damages. Remember, damages are awarded based on what did happen, not what could have happened.
Have questions? Call The Law Offices of Marc L. Shapiro, P.A. today
If you think you may have a personal injury claim, call our office today at 239-649-8050 for a free consultation.