3 Reasons Why a Lawyer May Not take Your Case
This blog post was submitted by Attorney David Aronberg.
Personal injury cases are accepted on the basis of facts and evidence, not fiction or pure empathy. At the Law Offices of Aronberg & Aronberg, while we care deeply about the injuries our clients and prospective clients have endured, our personal injury lawyers always strive for professionalism in practicing law.
Thus, while many lawyers such as ours would like to try to help everyone who feels they’ve been injured due to the wrongdoing of another, doing so just isn’t possible. Below, we are going to explore a few of the reasons for which an attorney might decline to accept your personal injury case. Knowing why cases are declined can enable you to present your case to an attorney in the best light (and before it’s too late).
- Conflict of Interest - Many law firms of all sizes represent clients and entities of varying types. If you approach an attorney with a personal injury case wherein the prospective defendant is a client of the attorney you’ve approached, that attorney will have no choice but to decline to take your case due to the clear conflict of interest that would arise in a case in which a single attorney represents both parties. It’s important to note that the lawyer wouldn’t have to be representing both parties in one particular case for a conflict of interest to exist. Let’s say a law firm represents John Smith in one matter and Mary Brown comes to the firm asking for assistance in suing John Smith in a different matter altogether. The attorney, despite the fact that he or she would not be defending John in Mary’s case, would still have to deal with the clear conflict of interest that would arise in accepting Mary’s case.
- Timing - In the world of personal injury litigation, as in life, timing is everything. If you wait too long after you’ve incurred a personal injury, you might forfeit your right to recover damages, regardless of how significant your injuries might be. If you approach a personal injury lawyer after the statute of limitations on your injury has passed, the lawyer will generally be unable to do anything to help you. For medical malpractice cases, you have two (2) years after the incident in question (botched surgery, misdiagnosis, etc.) to initiate legal proceedings; if you fail to do so in the timely manner described above, you forfeit your right to sue the negligent party for damages relating to the incident. For other personal injury cases, such as those stemming from car accidents, slip and falls, etc., the statute of limitations in Florida is four (4) years.
- Lack of Injury - If you have a physical injury due to an accident, a doctor will be able to identify it. If you develop a psychiatric disorder or suffer emotional losses due to an accident, a psychiatrist will be able to acknowledge it. If you have experience financial losses due to an accident, an accountant will be able to account for such losses. Real losses are serious and life altering, and that’s why our lawyers fight for compensation for those who have incurred significant, demonstrable losses. That said, our personal injury lawyers are careful not to accept cases in which injuries have been fabricated or unsubstantiated, because doing so would be ethically and legally wrong. If we have accepted a case and medical and professional evaluations prove a lack of injury/loss, we may discontinue our representation of the client in question.
If you have been injured due to the negligence or recklessness of another, please contact our skilled personal injury lawyers at the Law Offices of Aronberg & Aronberg to schedule a free consultation by calling 561-266-9191 or by e-mailing us at [email protected]. If you cannot make it to our offices, we will come to you.