“Why won’t a personal injury lawyer take my case” is what many people ask a personal injury lawyers after their claim was denied by other personal injury law firms. When people are denied a claim by an injury law firm they are not told why, rather they are just told no or sent a letter saying “Sorry we cannot help you, you should talk to another personal injury lawyer.” There are five facts that a personal injury lawyer will take into account when determining to take your case.
The first and biggest reason why personal injury lawyers will not take on your case is who is liable for the accident. The word liability refers to the party at fault. If the police report and witnesses both say you are the party at fault, meaning you caused the accident, a judge or jury will say the same thing. Therefore, most lawyers will not take your case. If this is your case, you should try to beat your ticket and have the fault over-turned in traffic court. For example, one sided liability is probably the most important negligence law factor to be successful when suing over a car accident.
Second, is how badly you were injured. A case where you were clearly not the party liable, but there are little to no injuries or damages is basically worthless to an attorney. Most personal injury & accident lawyers work on a contingency fee basis, meaning they do not get paid until your case is settled. Therefore, they cannot afford a case that is going to bring them very little income. If there are no significant injuries or damages the chances of a personal injury lawyer taking your case and receiving a decent settlement offer is very low.
Third, is how long you waited after the accident to get medical treatment. Most professionals recommend seeing a doctor no longer than 72 hours after the accident takes place. The reason for this is that 72 hours is regarded as a reasonable amount of time to see a doctor according to most insurance companies.
The fourth reason is how much treatment you require and if you are consistent in going to your doctor appointments. Even after seeing the doctor right after the accident, it is imperative that you attend follow up appointments and continue your treatment. If you neglect your doctor’s orders, the insurance company could potentially use this to invalidate your claim.
The last reason is if you talk to an insurance adjuster. Insurance adjusters often try to get accident victims to give a written or recorded statement about the accident and how it happened. They will want to know about your injuries and will attempt to engage you in conversation, where they will try to get you to tell them about the accident and injuries. It is vital to refuse to discuss any of the facts with them. If you want to win your case give the insurance adjusters no details about the accident or the injuries because most likely you will leave something out and will end up invalidating your claim later on.
Our featured negligence & injury lawyer for November 2018 is:
Ribowsky Law- Queens Personal Injury & Accident Lawyer 109-12 Jamaica Avenue Richmond Hill, NY 11418 718-659-5333 mrinjurylawyerny.com