For many people, the concept of personal injury cases is quite simple; you file a lawsuit, the defendant is proven liable, and then you get your compensation. However, personal injury cases do not always go the way you might expect them to. In fact, many variables might affect the previous sequence. Your attorney might even refuse to handle your case, leaving you at a loss. Yet, it is not all doom and gloom. If your attorney has refused your personal injury case, then there must have been a valid reason behind that decision. You can still salvage the situation without wavering your rights. So, if your case keeps getting refused, check out the following potential reasons.
What Are the Grounds for a Personal Injury Case?
Before you complain about how your attorney refused your case, you must first understand what is considered a personal injury. Not all injuries constitute solid grounds for a personal injury lawsuit. For example, if you deliberately inflict injuries on yourself on someone else’s property, you cannot expect them to pay damages. So if you are confused, you should know that personal injuries include the following:
- Auto accidents due to the driver’s negligence.
- Trucking accidents.
- Defamation cases in which a person spreads nasty rumors about the victim.
- Dog bites if the owner is fully aware of their dog’s aggressive behavior and has taken no steps to eliminate this risk.
- Slip and fall accidents.
- Medical malpractice.
- Assault.
If your case falls under any of the above categories, then you have every reason to file a personal injury lawsuit. Nonetheless, your attorney might still refuse the case based on other considerations.
Why Does Your Case Keep Getting Rejected?
- You Have Exceeded the Statute of Limitations
Unfortunately, you cannot decide to file a personal injury lawsuit whenever you want; some restrictions limit the period where you can bring legal action against the person liable for your injuries, and these restrictions are called the statute of limitations. According to the San Diego attorneys at https://www.hamparyan.com/, the statute of limitations differs from one state to another, but the law generally gives you two years to report the incident. So if you want to file a case after more than two years, your attorney will turn you down, as they cannot do anything to get you the compensation you need. However, do not lose hope; there are some cases where it is possible to ignore the statute of limitations. For example, if you have only discovered the injury recently, be it a head injury or an illness resulting from exposure to toxins, you get two years from the date of this discovery. Also, if you were injured as a minor, the law gives you more time to file a lawsuit. So you get two years from when you turn 18, meaning that you can still file the case if you are 20.
- You and Your Attorney Do Not See Eye to Eye
Another plausible explanation for your attorney’s rejection is that you do not have a strong rapport. Your lawyer expects you to trust them and be completely open about any details they might need. If they notice that you are too cagey or withholding important information, they might turn down your case, deciding that it is not worth the trouble. Also, if you are overly aggressive with your lawyer or demand too much of them, your case can get rejected as well. The only thing you can do in this case is to try to smooth it out with your lawyer and provide them with the details they need. Being courteous and open-minded about your case can go a long way towards getting the compensation you deserve.
- The Due Damages Are Not Sufficient
You need to understand that your lawyer goes through a lot of trouble to protect your rights. So they depend on the compensation you will get to receive their fees. When an attorney thinks that the compensation you will receive is not going to be sufficient, they may drop your case. Lawyers pay a lot of money when cases go to trial, so they expect to be compensated for their effort and time. To solve this problem, discuss it with your lawyer, and be frank. You can negotiate to reach a compromise regarding the fees, or provide enough evidence to assure your attorney that they can easily win the case.
Personal injury cases can be messy, especially if lawyers keep turning you down. Understanding the reasons why this might happen can help you fix the situation and get your compensation. By just reading the above points, you can ensure that your case will not get rejected again.
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