Last Updated on April 6, 2021 by Legal Team
Why Cases Can Be Rejected
Many people pursue legal action with the hope of acquiring fair compensation or some form of justice. You might be considering legal representation if you were involved in an accident in which you weren’t liable.
In many instances, your visit to a lawyer’s office will be productive. They will listen to your story, answer your questions, and explain what the legal process may look like, and how long it would take. However, there is no assurance that all legal professionals will accept your case. There are instances in which lawyers might reject your case.
Here’s a list of scenarios in which rejection is likely to occur.
1. There Are Inadequate Monetary Benefits of Pursuing Your Legal Case
Most people are unaware of how lawyers receive payment. It’s worth noting that lawyers receive compensation based on the awarded financial damages. Numerous factors play a role in determining and calculating the amount each party will obtain.
The monetary reward might account for pain, medical expenses, distress, and punitive damages. They frequently consider lost wages when gauging the final monetary compensation, as well. Studies indicate that children, young adults, and jobless mothers face a difficult time finding a lawyer because their cases don’t provide sufficient monetary gains for a lawyer.
In the personal injury space, lawyers often only receive compensation if they win the case or secure a monetary settlement between the parties. Therefore, they will only accept the case if they believe they stand a good chance of obtaining a favorable outcome.
2. Difficulty Determining Liable Parties
Even if you think you deserve a specified compensation, your case’s viability depends on the liable party. Personal injury lawyers assess who is liable for an accident before taking a case. If the other party is not liable, a lawyer might reject the case. Moreover, in several states, if you are found to have more than 50% liability, you won’t receive compensation.
3. The Case's Expense
Since most personal injury lawyers work on a contingency basis, the lawyer might need to invest a considerable amount of time in a case where there is no guarantee that he will receive compensation for his time. A lawyer will only receive payment after receiving a settlement or positive verdict. A lawyer working on a contingency basis might also cover some of the expenses related to the case. Therefore, if the lawyer finds that the costs to be covered are excess, they might reject it.
On the other hand, if the lawsuit is so promising, the lawyer might accept the case despite having to supply millions of dollars in legal and medical professionals to prove negligence.
4. Expired Statute of Limitations
All states have a statute of limitations for injury claims. This means that there is a particular window of time that the case must be filed before. If this statute expires, most states bar you from proceeding with the case. For instance, the statute of limitations for many personal injury cases is two years from the injury date. While it might seem unfair, this statute expects lawsuits to commence immediately after the accident because medical exams and witnesses are likely to be more persuasive and accurate.
The statute of limitations prevents people from filing lawsuits numerous years after an accident for the mentioned reasons. Therefore, make sure to seek legal representation as early as possible to ensure you don’t miss the deadline.
Although it is natural to expect compensation if you are an accident victim, there are instances in which your case might face rejection. Therefore, you should recognize them before hiring a lawyer.