There are several reasons why a personal injury lawyer might decide not to take your case. Understanding these reasons can help you assess your situation and, if necessary, make adjustments before approaching another attorney. These reasons highlight the importance of beginning your accident investigation early. Remember that the opposing insurance companies have teams of people that are trained to begin their accident investigations immediately after an accident.
6 Reasons an Injury Lawyer Won't Take Your Case
1. Lack of Evidence
If there is insufficient evidence to prove that someone else was at fault for your injury, a lawyer may be reluctant to take your case. Solid evidence is crucial for a successful personal injury claim. The best time to gather evidence is immediately after the accident. If possible, take photos and videos of the scene, any equipment, and any vehicles. Also, if possible, get the names and contact information of any witnesses.
2. The Statute of Limitations Expired
In Texas, you have two years from the accident date to file lawsuit in court. Many times, people call Molina Law Firm to inquire about accidents that happened more than two years ago. Personal injury claims are subject to statutes of limitations, which are deadlines by which you must file a lawsuit. If this period has expired, your case is no longer legally valid, and a lawyer cannot pursue it.
3. Minor Injuires / Minor Damages
A personal injury lawyer must be able to prove damages once in court. If the injuries are minor and the potential compensation is low, a lawyer might not find the case worth pursuing. This is also another reason to begin your case investigation as soon as possible.
4. Liability Is Not Clear
Generally, a personal injury lawyer must be able to prove that someone else was at fault for the accident, and that the injured client is not at fault. In Texas, if you are 51% or more at fault for an accident, then you cannot recover any damages at all. If it’s not clear who is at fault, or if you bear a significant portion of the fault, a lawyer may see the case as too risky or challenging to take on.
5. Conflict of Interest
Texas lawyers have Conflict of Interest rules that govern who we can represent. For example, Texas personal injury lawyers cannot sue and defend the same person within a lawsuit. If representing you would create a conflict of interest (for example, if the lawyer has a prior professional relationship with the defendant), ethical rules would prevent them from taking your case.
6. No Insurance
The other driver or person responsible may have no insurance. In Texas, the law requires all drivers to have minimum limits of liability insurance. However, people still drive without insurance. You may still file a claim against someone with no insurance. But, there are some cases where a monetary recovery may not be possible.
Seek A Second Opinion
If a lawyer declines to take your case, it’s advisable to seek a second opinion, as different lawyers may have different assessments of the same case. However, understanding these reasons can help you better prepare and present your case to potential attorneys.
How Molina Law Can Help
Insurance companies have teams of people who begin an accident investigation the moment an accident happens. If you are involved in an accident, you should have someone who looks out for your interests.
If you or a loved one has suffered a personal injury and need guidance, contact the Molina Law Firm at (281) 922-4300 for more information or to schedule a consultation. Their team of dedicated professionals is ready to provide expert advice and representation to help you seek the fair compensation you deserve.
What is a statute of limitations? A statute of limitations is a legal time limit imposed on the filing of