3 Reasons a Personal Injury Attorney Might Turn Down Your Case

by Tim O’Hare

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dallas personal injury lawyerPersonal injury lawyers often get a bad rap due to “TV” lawyers who claim to help their clients get rich quick.

The reality is most personal injury lawyers dedicate weeks, months, and sometimes even years to helping their clients receive due compensation for their injury or the loss of a loved one as the result of someone else’s negligence. It is not a “get rick quick” scheme for the overwhelming majority of victims and their lawyers.

Unfortunately, not every injury makes a good personal injury case, and the ones that do make a good case usually require the attorney to commit time and financial resources to seeing it through to the end. In some circumstances, personal injury lawyers must turn down a case.

How do you know if you’ve got a case? Here are three common reasons a personal injury attorney might turn down a case.

1.     Injury is not significant. Minor injuries that do not require significant medical treatment are often not considered serious enough for a personal injury lawsuit. Why? In these cases, injuries are a measurement of “damages,” or financial loss due to the injury, and only real and measurable damages are compensated. Without significant financial damages, there is little or no compensation to be received, which means there’s really nothing a personal injury lawyer can do to help.

2.     Statute of Limitations exceeded. As with most legal cases, there is a Statute of Limitations on injury cases. If a case is beyond these limitations, a lawyer will not be able to help. In Texas, the Statute of Limitations on personal injury lawsuits in most circumstances is two years from the date of the injury. If you do not file your claim in this time frame, you do not have a case.

3.     No fault equals not liable. In addition to the severity of an injury, someone must be deemed “at fault” for your injury in order for you to have a case. If there is nobody who did anything wrong, or your injury is determined to be your own fault, nobody else can be held liable. That being said, a good personal injury lawyer will do all the research and investigation necessary before making the determination that there is no fault in your case.

Even if you are unsure whether or not you have a solid case, it is always worth a phone call to a trusted and experienced personal injury attorney who is focused on the best interests of his or her clients. If you have been injured in a car accident, suffered injury on someone else’s property, or suffered an injury through no fault of your own in another manner, contact the experienced legal team at The Law Offices of Tim O’Hare.

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