Personal injury attorneys who work on a contingency fee basis must screen their cases
Almost all personal injury attorneys take cases on a contingency fee basis. This means that the attorney will cover all the expenses associated with preparing the case, and only expect to receive repayment and their fee if and when they secure compensation for their client.
This arrangement is highly advantageous for clients, because it means that injured victims can hire an attorney regardless of their present financial situation. However, it also means that attorneys need to be careful when screening potential clients, to make sure they do not waste everyone’s time on a losing proposition.
Here are three common reasons why a personal injury attorney may decline to take a case:
No Proof of Liability: Just because an individual was hurt in an accident, it doesn’t automatically mean someone else is responsible. Instead, there must be evidence showing that another party had a duty of care to the individual and that the breach of this duty of care resulted in injury. For example, in the case of a slip and fall accident, it’s not enough to show that an individual fell on someone else’s property. There must also be evidence showing that the fall was caused by the property owner’s negligence, rather than the individual’s own negligence or clumsiness.
No Documentation of Injuries: Even if liability for an accident is clear, there will not be much chance for recovery if the injuries and other damages have not been properly documented. For example, if an individual suffered whiplash in a car accident, but never went to the doctor for a diagnosis, it will be impossible for a personal injury attorney to prove that the injury was real, that it was caused by the accident, and that it deserves a certain amount of monetary compensation.
Expired Statute of Limitations: Even if there is documentation proving that an individual was severely injured in an accident that was clearly the fault of another party, a personal injury attorney cannot help if the statute of limitations for filing a claim has expired. In most cases, the statute of limitations for a personal injury claim is two years from the date of the accident, or from the date when the injury was discovered.
Wondering If You Have Grounds for a Personal Injury Claim?
If you have recently been injured in any kind of personal injury accident and you would like information about your rights and options, please contact The Law Offices of Larry H. Parker at 800-333-0000.
