Navigating the landscape of personal injury law can sometimes be as bewildering as the injury itself. You might wonder why a personal injury lawyer might decline to take on your case even when the fault seems clear-cut.
It’s essential to understand that personal injury lawyers often work on a contingency basis, meaning they are paid only if they secure a favorable outcome. This structure inherently motivates them to take on cases they are likely to win. Nevertheless, there can be several reasons for a lawyer’s refusal to accept your case, ranging from lack of evidence to conflicts of interest.
However, it is important to know that these are highly subjective and are influenced by an attorney’s experience, area of expertise, and confidence. Just because one lawyer does not take your case does not mean that another can’t. If you are in the Denver area and have suffered a personal injury at the hands of a vehicle motorist, Call Paul to get a second opinion. With years of experience, we can determine if your case holds water and counsel you on how best to present your case to get you the compensation you deserve.
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Insufficient Evidence or Unclear Liability
The prime reason for an attorney’s reluctance might be insufficient evidence or unclear liability. A report by the National Highway Traffic Safety Administration indicates that 94 percent of vehicle accidents are due to human error. However, establishing this in a court of law isn’t always straightforward. In situations where the details surrounding your injury are unclear, or the other party’s fault isn’t evident, a lawyer may deem your case too risky to take on.
Limited Damages
The potential financial compensation also plays a significant role. If your injuries are minor or the medical costs low, a lawyer may not consider it worthwhile to represent you. A balance must be struck between the prospective financial recovery and the time, effort, and cost of litigation. With the median damages awarded in personal injury lawsuits being around $31,000, cases offering significantly lesser recovery might not be enticing for a lawyer.
This Is Not Their Area of Expertise
Law is a vast field with numerous specializations. While a lawyer may practice in the personal injury space, they may not be comfortable or experienced with all types of cases. For instance, a lawyer may specialize in slip-and-fall accidents but not in personal motor vehicle injury. If your case doesn’t fall within their realm of expertise, they may decline to take it on.
There Is a Conflict of Interest
Ethically, a lawyer cannot represent a client if there exists a conflict of interest, such as if they have a prior relationship with the opposing party or if they have represented them in the past. Doing so could potentially compromise their ability to advocate in your best interest. Fortunately, this is the easiest hurdle to cross. Simply find another attorney and move on.
Expired Statute of Limitations
Finally, the legal time limit, or “statute of limitations”, for filing a lawsuit is also a deciding factor. In Colorado, this duration is typically two years from the injury date for most personal injury cases. If this limit has passed, lawyers will likely refuse your case.
Don’t Give Up on Finding the Right Lawyer for You
Despite these reasons, remember that each attorney is different, with their own risk tolerance, experience, expertise, and caseload. It’s imperative to consult with multiple attorneys before making a decision, even if you were partially at fault.
Colorado operates under a modified comparative fault rule, meaning that a plaintiff can recover damages even if they are 49 percent at fault, but not if they are 50 percent or more at fault. This can often be subjective, and another attorney may have a different opinion, underscoring the importance of seeking multiple consultations.
When seeking a consultation, equip yourself with as much information about your accident, injuries, and any associated medical expenses as possible. Any information that establishes the liability of the other party is valuable. Despite the challenges, remember that personal injury lawyers are there to assist and guide you through this process.
Persistence is key in the realm of personal injury law. Even an initial rejection should not deter you from pursuing the compensation you deserve. Colorado’s comparative fault rule is designed to ensure that injured parties can recover damages, even if they are partly to blame. Therefore, it’s vital to seek out a seasoned attorney who can navigate these intricate laws and champion your cause.
While personal injury law may seem complicated, understanding why a lawyer might refuse your case can help you be better prepared and ultimately find the right legal representation. So, no matter the potential hurdles, strive for justice and don’t let the intricacies of the law discourage you from seeking the compensation you rightfully deserve. Remember, the right help may just be a call (Paul) away.
The Paul Wilkinson Law Firm is a team of personal injury attorneys in Denver, CO serving victims of car, truck and motorcycle accidents. Each of our lawyers is licensed with the Colorado State Bar (CBA) and specialize in injury law.
We've recovered tens of millions of dollars in personal injury settlements and verdicts for our clients. For 13+ years we've helped thousands of people get back on their feet after experiencing serious injuries. We will take your case to trial and get the maximum settlement possible.
