Your case may not be one a personal injury lawyer can take on. Learn about some of those cases in this post.
You may have to talk to a few personal injury lawyers before you find the right one. But remember, it’s a mutual decision that should fit both parties.
You should like your lawyer and be confident they can win your claim. And your lawyer should feel confident they can win your case too.
But, some personal injury lawyers might say “no.” You can ask them why – and realize it’s nothing personal.
Here are some reasons why a personal injury lawyer may not take your case:
- They Have a High Caseload in the Next Several Months
It’s only fair, right? Your claim should get the maximum attention it deserves. Well, some lawyers are busy because they have great reputations. So, they may not be able to investigate all aspects of your claim and build the strongest argument possible.
That means money gets left on the table. Or, maybe your case could be lost entirely. So some personal injury lawyers have to respectfully turn your claim down. If they don’t offer to refer you to someone, ask for the name of a lawyer they respect.
- Sovereign Immunity
“Sovereign immunity” refers to any governmental body (city, county, state) and their legal right to limit what you can sue them for. Now it’s not impossible to sue government entities.
But it gets much more difficult.
While the statute of limitations for private citizens and companies is 2 years in Texas, you must notify government entities within 6 months. And, law also gives cities permission to specify their own time limits, which could be even less than 6 months.
So if you think the government’s negligence hurt you, talk to a Dallas personal injury lawyer ASAP.
- Your Type of Claim and The Facts Supporting It
This is especially true with medical malpractice. Just because you get injured by a doctor doesn’t mean you can sue them. The law allows them to make mistakes in accordance with “human error.”
Legally, this means your doctor must cause you harm in a way that a competent doctor in the same situation would not have.
So if they give you the wrong prescription, then you probably have a claim. Also, if your case just doesn’t have enough facts to support it, a personal injury lawyer may be forced to pass.
Finally, if you contribute to your own injury, a personal injury lawyer may not be able to win your claim, and they’ll decline your case.
- You’re Shopping for the Lawyer that Promises You the Most Money
Talking to several attorneys is a good idea. You want to find the best one who can win your case, and who cares about you as a person.
But you have to make sure each lawyer’s realistic, and not just promising you big money to get your business. It’s both unethical and illegal for lawyers to guarantee you results.
It does happen, though.
However, they should be able to approximate a range or estimate of what you might be entitled to based on the facts of your situation. Make sure that whatever your personal injury lawyer says, it comes from a sound factual basis found within the law. If you get wildly different estimates, ask other lawyers for their opinions on what to reasonably expect. After several conversations, the truth will become clear.
Learn more about personal injury law at the Mullen & Mullen blog.