Why a Personal Injury Law Firm Might Reject Your Case

Was your case rejected by a personal injury law firm? It doesn’t mean that you don’t deserve compensation or that no attorney will take you on, but there could be several reasons for a lawyer turning down a case. Even small, seemingly straightforward lawsuits involve hours of preparation, research, and paperwork. There has to be a financial incentive for most professionals. If you have been continually turned down by a personal injury law firm or several attorneys, there may be a severe flaw in your case or you might need to contact the state bar association.

Just because you were involved in an accident where you weren’t at fault, doesn’t mean that you have a case. Many people falsely believe that by virtue of an accident that they may be due for some compensation. However, there needs to be a reasonable basis for the lawsuit and sufficient evidence to build a case. A personal injury law firm must believe that as a client you are worth their efforts and time. There are four basic requirements any potential case must meet in order for an attorney to consider taking a client on. The first requirement is that the defendant must have had responsibility towards the injured which would include customers, invited visitors, members, and those with permission to use certain facilities.

Secondly, there has to be evident negligence. A customer visiting a restaurant, for example, would expect a warning sign placed near a spill. If there was no sufficient signage or verbal caution and they subsequently slipped, there is a clear breach of duty on behalf of the restaurant. Owners and managers of establishments, however, may not have liability if there is a reasonable amount of warnings before entering or using certain facilities.

The final elements needed to build a case are causation and damage. Not only must the defendant have been negligent, but any harm that befell the victim must have caused directly by this. The slip and fall mentioned early would be a clear example of causation due to a specific incidence of negligence. The damage, of course, must be recorded and medically corroborated. Soft tissue damage such as bruising or mild sprains may not be sufficient enough evidence for a strong case. Broken bones, hemorrhaging, or any other significant harm that has directly related consequences such as medical bills, missed income or other hardships is a much stronger case.

If you are seeking an attorney to work on a contingency basis, which means he won’t get paid if and until you do, you will need a worthwhile case. Working on a contingency basis is a high risk for a professional and can result in hours of unpaid work if the case is dismissed or favors the defendant. Additionally, the lawyer must have confidence that the courts can collect on the defendant.

If you’re having trouble finding affordable legal representation, many attorneys do occasional pro bono work and recent grads are eager to get their feet wet. Contact the bar association for a list of available lawyers.