June 25, 2014 • Personal Injury FAQs
On behalf of Rosenberg, Minc, Falkoff & Wolff, LLP
If you have suffered a personal injury due to someone else’s negligent actions, you may be wondering if you have a strong case which might result in a settlement. You may have tried your best to hire a personal injury lawyer, but haven’t been successful. Here’s probably why an attorney may have turned down your case.
If a potential client has not been seriously injured, a personal injury lawyer might not find your case to be a viable option. The injury a person sustains is indicative of the kind of settlement they will receive. Your financial compensation may be negligible if your injuries are very minor. As per the law, only real and measurable damages are compensated for.
You may not get a personal injury attorney to handle your case if your injury has occurred past the statute of limitations or other notice provisions. Time limitations are very important where the law is concerned. If you hesitate and dilly-dally for too long, you might miss the bus. There are some cases such as auto accident cases, wherein a claim must be filed in court within three years. There are claim with your own auto insurance company which may have time limitations as low as one year. A lawyer can’t really do much if your case is beyond these limitations, and will most likely reject your personal injury case.
The defendant might not be liable to pay if they weren’t at fault to begin with. Just because you may have sustained a serious injury, you might still not have a case. The defendant needs to have been negligent or have done something wrong for your case to hold its ground. For instance, if you ran a red light, crashed into another driver and sustained injuries that you are suing them for, you may not stand a chance, if witnesses come forward and testify that the defendant is innocent.
Having said that, a fantastic personal injury attorney might be able to find a formidable and viable case concealed among the
circumstances and the facts. Serious injury is often used as a criteria for judging a case, where most personal injury lawyers are concerned. Which this means is that if someone has experienced serious, life-threatening injuries or someone has died, it calls for extensive and thorough research before making a determination of a ‘no case’.
What this boils down to, is obtaining sound advice from a professional. An experienced personal injury lawyer should be able to answer all your questions. When it comes to the law, don’t rely on what friends and family have to say. It is always best to open the door and select the professional opinion of a qualified and dedicated attorney because there is a lot at stake. Almost every time, you may have just one chance to attain the compensation that you deserve. Make sure you make the right decisions the first time.