If you have been injured in an accident, you may be wondering why your car accident attorney in New York won’t take your case. There are many reasons why an attorney may choose not to represent a client, and it is important to understand these reasons before moving forward with your claim.
The injury is not serious
If the injuries sustained in the accident are not serious, a New York injury lawyer may not take the case because the potential payout is not worth the time and effort required to pursue a claim. In order for an attorney to take on a personal injury case, there must be significant damages that can be recovered.
Some injuries, like whiplash, may seem minor at first but could lead to long-term pain and suffering. An experienced New York personal injury attorney will know how to investigate your injuries and determine if they are serious enough to warrant taking on your case.
If you have been injured in an accident, it is important to seek medical attention right away. Even if you don’t think your injuries are severe, it is always best to get checked out by a doctor. Many injuries, such as concussions, may not show symptoms immediately.
If you wait too long to see a doctor or to hire an attorney, it could hurt your case. Insurance companies will often try to argue that your injuries are not as serious as you claim if you did not seek medical attention right away. An experienced attorney will know how to counter these arguments and fight for the compensation you deserve.
Another reason why an attorney may decline to take your case is if they believe that there is no chance of winning. If the evidence is stacked against you or the other party has a strong defense, an attorney will likely advise against taking on your case.
The injury occurred more than three years ago
All personal injury cases are subject to a statute of limitations, which is a law that sets a deadline for filing a lawsuit. In most states, the statute of limitations for personal injury cases is three years from the date of the accident.
If you try to file a lawsuit after the statute of limitations has expired, your case will likely be dismissed by the court. An experienced attorney will not take on a case if they know that the statute of limitations has expired.
No sufficient evidence
Another reason why an attorney may not take your case is if you do not have enough evidence to prove your claim. If you do not have any witnesses or documentation to back up your claim, it will be very difficult to win your case.
An experienced personal injury or motorcycle accident lawyer in New York will carefully review your case and all of the evidence before deciding whether or not to take your case. If you have a strong case with plenty of evidence, a lawyer will be more likely to take your case. However, if your case is weak or you do not have enough evidence, they may decline to represent you.
You were partially at fault for the accident
If you were partially at fault for the accident, it may be more difficult to find an attorney who will take your case. This is because if you are found to be even partially at fault for the accident, you may not be entitled to any compensation.
Most personal injury attorneys work on a contingency basis, which means they do not get paid unless they win your case. If they believe there is a chance they will not win or that you will not receive any compensation, they may decline to take your case.
If you were partially at fault for the accident but still want to pursue a claim, you may want to speak with several different attorneys before finding one who is willing to represent you.
Area of expertise and resources
In some cases, even if an attorney believes you have a strong case, they may not have the time or resources to take it on. If an attorney is already representing a large number of clients, they may not be able to give your case the attention it deserves.
If you have a complicated legal issue or if your case is expected to go to trial, you may need to find an attorney with specific experience in that area. Some attorneys only handle cases that are settled out of court and are not equipped to take on cases that go to trial.
Before hiring an attorney, be sure to ask about their experience and whether they have handled cases similar to yours in the past. This will help you determine if they are the right fit for your case.
You did not seek medical attention after the accident
Following an accident, it is important to seek medical attention as soon as possible. This will not only help you recover from any injuries you may have sustained, but it will also create a record of your injuries. This medical evidence can be used to support your claim for damages.
If you wait too long to seek medical treatment, the insurance company may argue that your injuries were not caused by the accident or that they are not as severe as you claim. For this reason, it is important to seek medical attention right away and to follow up with all recommended treatment.
Failing to do so could result in the insurance company denying your claim or offering you a low settlement amount.
You did not report the accident to the police or insurance company
Another important task following an accident is to report it to the police or your insurance company. If you do not have a police report, the insurance company may argue that the accident never happened or that you are not injured as severely as you claim.
Additionally, if you fail to notify your insurance company about the accident in a timely manner, they may deny your claim altogether.
It is important to take these steps following an accident to ensure that your rights are protected and that you have the best chance at receiving a fair settlement. If you have any questions or concerns, be sure to speak with an experienced personal injury attorney who can help guide you through the process.
The other party has already hired an attorney
If the other party in your accident case has already hired an attorney, it may be difficult to find one who is willing to take on your case. This is because the other attorney will likely want to avoid any conflict of interest.
Additionally, if the other party has deep pockets and can afford to pay a high settlement, you may have difficulty finding an attorney who is willing to go up against them.
In these cases, it is often best to seek out an experienced personal injury attorney who has a good track record of winning against well-funded opponents.
There are many reasons why an attorney may not take your case, but these are some of the most common. If you have been injured in an accident, it is important to speak with an experienced personal injury attorney to discuss your options and determine if filing a lawsuit is right for you.
