5 Reasons a Personal Injury Lawyer Will Not Take a CaseAugust 16, 2017
When you believe you have a personal injury claim, having an attorney turn down your case can be unexpected, baffling and disappointing.
While there are various reasons a lawyer may turn down your case, a good attorney will have your best interests in mind and will not want to waste your time or money if they cannot add value to your situation. A good lawyer will also typically explain the reasons for turning down a case.
Understanding why a lawyer won’t take on your case can be crucial to setting realistic expectations – and knowing your options – as you move forward.
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Why a Personal Injury Attorney Won’t Take Your Case: Top 7 Reasons
- You don’t have a case – To be eligible to file a personal injury claim in Texas,1 some specific factors must apply to the potential claim. If these requirements are not met with a potential claim, you may not have a case, and a lawyer will likely turn down your case. Some factors that can impact whether you have a valid personal injury claim in Texas include:
- Actual physical injury or financial loss – In other words, if you only sustained emotional damage as a result of some incident, that is not sufficient grounds under Texas law to pursue a personal injury claim.
- Meeting the statute of limitations – The statute of limitations are the strict deadlines set by law for filing a claim. Missing this deadline can invalidate your claim.
- Case-specific factors – For instance, if you were the victim of a hit-and-run car accident but you don’t have any insurance, there will not be an insurance company to pursue a claim with, meaning there is no way to seek recovery for that type of claim.
- Your negligent or reckless actions contributed to your injuries – Negligence is not always an all-or-nothing factor. In some accidents, the negligence of a number of parties may have caused the event, and one of those parties may be the victim (i.e., the person who sustains an injury). Under Texas law,1 if the victim is found to be 51 percent or more at fault for causing the accident, (s)he cannot recover compensation for the accident-related injuries and losses. So, if you were at least 51 percent at fault for incident that harmed you, a lawyer will likely turn down your claim.
- Your unwinnable case could be too costly to risk – Personal injury lawyers tend to work on contingency. This means that they cover the costs associated with pursuing a claim and that they only charge legal fees if there’s a recovery for that claim. So, if an attorney thinks your case has little to no chance of seeing financial recovery, that lawyer will likely turn down your claim (because (s)he doesn’t taking the financial risk for an unwinnable case).
- Your case presents a conflict of interest – If an attorney has already agreed to represent another party associated with your claim, taking on your claim would be a conflict of interest. Similarly, a conflict of interest could arise when a lawyer may have a history of working with someone whom you want to sue (like, for example, a doctor). When your claim conflicts with an attorney’s current interests or relationships, the lawyer will likely be inclined to turn down your case for ethical reasons (and avoid the conflict of interest).
- The attorney’s practice does not cover cases like yours – Not all personal injury attorneys practice every area of personal injury law. For example, while one lawyer may focus on car and truck accident cases, another attorney may only handle dangerous drug and other product liability cases. In these instances, ask for a referral. Or simply contact the Amaro Law Firm for the answers you need and deserve.
Find Out More about Your Potential Case: Contact a Houston Personal Injury Lawyer at the Amaro Law Firm
Call (713) 352-7975, text (281) 612-8024 or email our firm for a free consultation and important information regarding your potential claim.
If you have a claim, a Houston personal injury lawyer at the Amaro Law Firm can provide you with effective advocacy while positioning your claim for success. Tenacious and diligent, our attorneys represent injured people – as well families who have lost loved ones to wrongful deaths – in various personal injury claims.
1: Complete text of Texas negligence law