Why A Personal Injury Lawyer May Not Like A Case
If you're searching for a personal injury lawyer, you might find that not every attorney is wild about taking on your case. There are several reasons why that might happen, and not every reason means the case is flawed. Here are four concerns that could turn a personal injury attorney away from a case.
Not in Their Lane
Every personal injury lawyer finds that they handle certain kinds of cases better than others. Some folks become highly specialized in their work, such as attorneys who only take on auto accident, product liability, slip-and-fall, or medical malpractice claims. From the perspective of an injury lawyer, especially if they work on contingency, it's not beneficial to them or the client to spend a lot of effort on a case they might struggle to handle. In such scenarios, the attorney will usually refer you to another practice that deals with your type of case more often.
The Stakes Aren't Big Enough
Each lawyer has to choose what their policy is toward smaller claims. Some elect to just avoid them altogether, and others require a higher percentage of the settlement. For example, someone might have a $5,000 claim for a facial scar caused by an incident. One attorney may forgo the case entirely, and another might insist upon getting 40 to 50 percent of the settlement.
Statute of Limitations
Of the scenarios that might bode poorly for a claim, coming up on the statutory limit for filing a claim is potentially one of the worst ones. The laws in most states regarding most cases require claimants to send their demand packages to defendants within two to three years. If you live in a state with a two-year statute of limitations and 20 months have passed since the incident occurred, a lawyer might feel the remaining four months don't give them enough time to assemble a case.
You should contact a personal injury lawyer ASAP, even if you're fairly sure you don't intend to file a claim. They'll tell you what the statute of limitations is so you can keep an eye on the calendar if things get worse.
Current Caseload
As much as a personal injury attorney might want to tackle every good case that comes to the firm, it's not always possible. Bear in mind a lawyer's caseload isn't just about how many claims they're currently working on. The lawyer has to allocate their time accordingly, and they may have to pass on a case.
For more information about a personal injury lawyer, contact a local law practice.
