In our previous posts, we started talking about the possible reasons why an Arizona personal injury attorney could turn down your case. Today we will look at the remaining reasons.
Another Arizona personal injury attorney represented you
In the past, if you had another Arizona personal injury attorney represent you, you shouldn’t be surprised if you’re having a hard time finding another attorney. When another attorney stops representing you (and your case isn’t finished) it is a big red flag to other attorneys.
Usually, over the course of the case, the client (victim) and the attorney develop a strong bond and relationship. So, when this relationship is terminated before the end of your case, it is a really bad sign and signals to other personal injury attorneys that there must be a good enough reason they shouldn’t get involved with your case.
This usually happens because additional facts come to light, which are really unfavorable for the case or you and your lawyer have a falling out.
Usually, an Arizona personal injury attorney will place a line on your case, which ensured that he is reimbursed for the work he/she has done so far. In the even that you decide to change lawyers, this lien can make it really difficult for the other lawyer to receive payment for the work he/she will eventually do. So naturally, another Arizona personal injury attorney will stay away from a case like this.
If you were previously represented by another attorney, and you are looking for a new one, we highly recommend that you be honest about it and inform your new attorney about the previous attorney relationship. Now even though this might be a red flag, it doesn’t necessarily mean that the new attorney will turn down your case. But there’s always a possibility.
Arizona personal injury lawyer can turn down your case due to insufficient damage or unreasonable expectations
The value of every personal injury case is determined by the extent and the severity of the injuries that the victim sustained. No matter who is the at fault party, if the injuries aren’t significant, it will be really hard to find an Arizona personal injury attorney. But why?
Well, in most scenarios, personal injury lawyers work on a contingency basis, unless they get paid by the hour. The contingency basis means that the attorney will be paid a percentage of the compensation you receive. If the case isn’t “big enough” and doesn’t provide a big enough payout, the attorney will most likely turn down your case.
Furthermore, some clients tend to have unreasonable expectations regarding what they are owed for their injuries. If there is a huge difference between what you think the case is worth and what the case is actually worth, you will be unhappy with the result. And no Arizona personal injury attorney would take on a case where his/her client is unhappy with the outcome.
Lack of experience
Law is very similar to medicine. There are different areas and specialties and in order to take on a personal injury case, one must have a certain degree of legal knowledge and experience. This is essential in order to represent a personal injury case.
Usually, an Arizona personal injury attorney has experience only in those kinds of legal cases and no others. This limits the type of cases that they can take on, but also provides an advantage because they are experts in the type of cases the do take.
Some personal injury attorney only handle car accident cases or slip and fall accidents. They can sometimes work in big personal injury law firms as paralegals, only writing demand letters to insurance companies. An Arizona personal injury attorney like this, with experience only in these types of cases, won’t be comfortable taking on a case which involves medical malpractice or product liability.
So when you start looking for a personal injury attorney, make sure that he has experience in the right kind of personal injury cases so that both you and the attorney can feel comfortable about the case.
Contested liability or the client causes its own injuries
When an Arizona personal injury attorney takes on a case, the first thing he/she will do is to establish liability. Not every case has clear-cut liability e.g. like a rear end collision. With a case like this, the process is pretty simple and straightforward. The attorney will establish liability, prove that the wrongful act of the at-fault party caused the injuries and set the amount for compensation.
However, there are cases where the liability is disputed such as slip and fall, medical malpractice, some types of car accident cases. Establishing liability is a bit more complicated and difficult.
In addition to this, if the client is responsible for causing his/her own injuries, there isn’t one Arizona personal injury attorney who will take on the case. So if you’re the one who caused the accident a lawyer will not take on a case with contested liability.
Arizona personal injury attorney can turn down a case if the statute of limitation has passed
We’ve all heard about the statute of limitation. It’s a specific timeframe in which you need to file a claim for your personal injuries in order to have a chance of receiving compensation.
This time period varies from one case to the other. So if you present your case to an Arizona personal injury attorney once the statute of limitation has expired, there’s little to nothing that can be done to receive compensation and the case will most likely be rejected. So if you’re involved in a personal injury it’s best to contact an attorney as soon as possible so that the claim can be preserved.