If you were involved in an accident, and believe it was caused by someone else's negligence, you may be wondering if you have grounds to file a Personal Injury Lawsuit.
Personal Injury Lawsuits are legal disputes that happen when someone suffers an injury or harm as a result of another person's negligent, careless, or reckless actions.
If you believe you were involved in a Personal Injury Accident but cannot find an attorney who wants to take on your case, you are probably wondering why?
Here are some important Reasons Why a Lawyer Would Turn Down your Personal Injury Case :
The first thing you need to realize, almost all lawyers who handle Personal Injury Lawsuits work on a contingency fee basis. This means
So with that being said, here are the Top 3 Reasons an Attorney may not Accept your Case :
1. The Injuries were not Documented
If you were involved in an accident that was someone else's fault and you become injured and wish to file a personal injury lawsuit, your injuries have to be properly documented for a Personal Injury Attorney to accept your case.
If you were hurt, but never went to the emergency room or sought medical treatment, your injuries will not be documented, which means you will not be offered a settlement from the insurance company for pain and suffering.
You cannot file a Personal Injury Lawsuit stating you were hurt after an accident if there is no medical proof stating that you were actually hurt and that the injuries you have were actually from the accident.
Without proof of injury, an attorney will not be able to win your case, which means you will not receive a settlement and they will not get paid, so for this reason alone, a Personal Injury Attorney will turn down your case.
This is why it is always highly advised to seek immediate medical care after being involved in an accident that was not your fault.
Often injuries do not present symptoms until days or even weeks after the accident, so it is important to see a medical professional as soon as possible so your injuries can be diagnosed and properly documented if you wish to file a personal injury lawsuit.
2. The Time Limit to File a Lawsuit has Expired
If you are involved in an accident and wait too long to contact an attorney to file a lawsuit, you may have missed out.
Time limitations are taken very seriously in the court system. Most negligence cases, such as a car accident, have a three-year statute of limitations to file a lawsuit and obtain a settlement.
It is also important to note, that your insurance company can have time limitations as low as one year to file a claim.
If your case is beyond the statute of limitations, there is very little a personal injury attorney will be able to do for you, which means they will not accept your case.
Even if you had significant injuries with proper documentation, if you wait too long to contact an attorney for legal help, you may lose your only chance at being compensated for the medical expenses that accumulated.
After being injured in an accident that was not your fault, you should first seek medical attention and then the help of an experienced personal injury lawyer.
3. No Fault, No Liability
If you were injured in an accident, it does not automatically mean the other person has to pay your medical bills and damages.
There needs to be documentation stating the other person's fault and negligence and therefore their responsibility for the pain and suffering that was caused.
If you do not call the police after a motor vehicle accident, fill out an incident report on someone else's property when you become injured, or you fail to inform your employer of an injury on-the-job, it will be extremely difficult to file a lawsuit and obtain a settlement.
There needs to be documentation for your attorney to use when asking for a settlement for your injuries. If there is nothing for your attorney to present, they will not be able to win your case.
So not only does the other person have to have done something negligent and wrong, but you also need to have it documented as proof of your incenses and their guilt.
What Should I Do?
If you were involved in a Personal Injury Accident it is important to make sure you have your injuries documented, you act quickly, and receive documentation of the other parties negligence if you wish to hire an attorney and obtain compensation for your losses.
You should be compensated for your medical bills and damages after becoming the victim of another's reckless behavior. However, it is so important that you do not wait to seek treatment and the help of a lawyer.
It can be frustrating and stressful after being injured in an accident, but it will be even more frustrating and stressful if you lose your only chance at compensation.
The Brown Firm Attorneys specialize in representing the victims of Personal Injury, and they have over 40 years of experience doing it.
Our Personal Injury Attorneys offer a free consultation; we do this to encourage the injured to act quickly, if you do not have a case, we will tell you and not charge you for the consult.
It is better to speak with an attorney than to wait and change your mind later down the road, because by then, it may be too late.
If you were injured in a Personal Injury Accident, do not wait, click below to speak with the Leading Personal Injury Lawyer in Georgia.