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Reasons Why a Lawyer May Not Accept Your Personal Injury Claims

Posted on behalf of Anderson Cummings on Jun 02, 2020 in Personal Injury

woman-lawyer-upset-coupleSince most personal injury lawyers work on a contingency basis, there may be instances where taking a difficult case could be risky for a lawyer. The lawyer could spend valuable time and effort on a case, without receiving payment, if the case is unsuccessful. Having an experienced lawyer with a good track record is important if you want to pursue the maximum compensation available.

The personal injury lawyers at Anderson & Cummings are prepared to listen to the details of your claim in a no-cost claim evaluation. There is no obligation to hire our firm. We charge zero fees up front and we do not receive payment unless and until we recover compensation for your claim.

Our lawyers have more than 50 years of combined experience and have received many positive reviews and testimonials, so you can see for yourself how hard we work for our clients. Our goal is to recover the maximum compensation available to aid with your recovery process.  

The Severity of Your Injuries is Questionable

For some lawyers, personal injury cases may not be worth pursuing if there is a lack of evidence showing serious injuries were sustained. Personal injury claims are only worthwhile if you endured severe injuries that were caused by the negligence of another party.

If you stubbed your toe in a public area and wanted to file a claim, you more than likely will not have a valid case in court, should you try to file a lawsuit. The defendant will most likely be able file a motion to dismiss the case, which could end up being a waste of time for all parties involved.

If you claim to have sustained a serious injury and cannot provide proof that you were examined by a medical professional, this could be costly to the outcome of your pursuit for compensation. A smart lawyer would recommend visiting a doctor immediately after sustaining an injury to ensure that you are safe and to prove to insurers that you are doing everything possible to improve your condition.

It is Unclear Who is At-Fault for the Accident

If it is not clear who the at-fault party is, an attorney may not be willing to take the case. Since most personal injury attorneys work on a contingency basis – meaning they only get paid if they win the case, they may not be willing to take the risk.

To prove fault in an accident, you and your attorney have the burden of proof to establish that the at-fault party’s negligence directly caused your injury. There are four elements of negligence to establish:

  • Duty of care – The at-fault party owed you a legal obligation to keep you and others safe.
  • Breach of duty – The at-fault party failed to uphold his or her duty of care by not acting as a reasonable person would have under similar circumstances.
  • Causal link – The at-fault party’s negligence directly caused your injuries and would not have otherwise occurred had the at-fault party upheld his or her duty of care.
  • Damages were created – You must show proof of damages such as medical bills, lost income from missing work or property damage.

Even if you think you share some fault for the accident, you may still be able to pursue compensation as long as you are not found to be 50 percent or more to blame, thanks to Texas’ comparative fault law.

The Statute of Limitations Has Passed

Each state allows for a certain amount of time to file a personal injury claim before it is considered too late to do so. This is known as the statute of limitations. If you fail to meet the deadline, the case will likely be dismissed by the court and you may not be able to seek compensation.

In Texas, personal injury claims usually need to be filed within two years of your accident date or when you first discovered your injury. Such cases that may include the two-year limit are:

  • Car accidents
  • Personal injury
  • Medical Malpractice
  • Wrongful death

Learn More About Your Rights From an Experienced Attorney

The Fort Worth personal injury attorneys at Anderson & Cummings are available to hear the details of your claim in a confidential, no-cost evaluation. We are ready to see if you are eligible for compensation.

There is no obligation to hire our firm to represent you and we do not bill you unless we win compensation on your behalf, so there are no risks involved in giving us a call.

Call Anderson & Cummings today at (877) 920-9009 or you can complete our free online form.