If you have experienced an injury for reasons out of your control, you might choose to file a personal injury lawsuit. Personal injury lawyers establish that their client was injured as a direct result of another person’s failure to uphold a legal duty of care. In order to be successful in court, personal injury cases require key components. In your search for a lawyer, it is important to be aware that personal injury lawyers can refuse to take your case if they don’t see enough grounds to file a claim.
What is a Personal Injury Case?
In order to understand why a lawyer might refuse to take your case, it is important to understand what a personal injury claim entails. Every personal injury case hinges on several key components:
- The defendant had a legal duty of care to the plaintiff in the specific case.
- The defendant failed to uphold their legal responsibility to provide duty of care, which directly resulted in injuries to the plaintiff.
- The injuries to the plaintiff are significant and require compensation.
When you consult with a lawyer about a personal injury claim, they will consider if your case has the grounds to pursue legal action based on these components.
Why Would a Personal Injury Lawyer Refuse My Case?
Personal injury lawyers want to represent your case and provide assistance after an injury. However, in some cases, the most help they can provide is discouraging you from pursuing legal action. Seasoned lawyers understand the factors that constitute a successful, efficient personal injury claim, and they watch many cases that lack those factors struggle to gain traction. Filing lawsuits is a draining process, and lawyers don’t want to waste your time or theirs pursuing a case that won’t hold up in court. Here are some reasons an attorney might decline your case:
- There isn’t enough evidence to establish liability.
- The statute of limitations has expired.
- Your damages aren’t significant enough to file a claim.
- You might be partially responsible for the accident.
- Your accident happened out of the state the lawyer practices in.
One of the most frustrating reasons your case can get denied is because you didn’t file it within the legal time frame. You might have a great case, but if you waited too long, a lawyer can’t represent you. If you have experienced an injury you suspect is eligible for a personal injury claim, it is imperative to consult with a lawyer in a timely manner.
The Statute of Limitations in California
The statute of limitations refers to the amount of time parties have to initiate legal action from the date of an alleged incident. The length of time the statute allows for is case-specific. For example, a claim of medical malpractice usually has a longer statute of limitations than a personal injury claim from a car accident.
In California, the statute of limitations ranges from 6 months to 10 years. Since the clock begins the day your accident occurs, it is important to be aware of the time frame you have to seek legal action. If you contact a law firm after the statute of limitations has passed, the chances of them representing you are slim.
Why You Should Consult With a Personal Injury Attorney
Since your personal injury claim is unique, it is important to consult with a lawyer as soon as possible to understand the factors at play in your individual situation. At Setareh Law, our attorneys have a proven track record of successfully representing personal injury claims in California. We understand the mental exhaustion of filing a lawsuit and are here to provide assistance every step of the way. To schedule a free consultation with one of our trusted attorneys, complete an online contact form or call today at (310) 659-1826.