Personal injury law allows an injured individual to go to a civil court and attain a legal remedy/compensation/damages for losses stemming from the accident or incident. The purpose is to allow the injured victim to be made whole or compensated financially after they have suffered harm because of someone else's intentional conduct or carelessness.
There are several situations listed below where you may apply for a personal injury case.
-Motor vehicle accidents
-Slip and fall accidents
-Medical malpractices
-Intentional acts like assault and battery
-Injury caused by defective products
-Defamation
In case of any such situation, you must contact El Dabe Ritter Trial Lawyers to ensure that you receive compensation. Damages are necessary because an injury may cause you to lose your job, lose wages, induce mental health issues like anxiety, depression, PTSD, etc. and cause permanent damage to you affecting your productivity.
However, at times, the lawyer may not accept your case. Well, you are legally allowed to receive compensation but the lawyer says no, probably because of the reasons mentioned below.
The Contingency Fees
Just like how a real estate works, almost all attorneys charge their clients for personal injury cases only on a contingency fee basis. This means that just like a real estate agent gets paid only when a house is sold, the lawyer would only be paid if they are able to bring results to their clients i.e. when their clients are paid.
A real estate agent charges a predetermined percentage of the selling price of the house. Similarly, a lawyer would earn money only if they succeed in getting the money.
A Business Decision
A personal injury lawyer needs to be careful while taking on clients, just like a real estate agent should be. In case a real estate agent lists a property that cannot be sold, they will end up losing money. Likewise, if a personal injury lawyer keeps on taking cases that cannot be won, they would not be in business for long.
If a real estate agent agrees to work for a person with unsellable property, the person would gather hopes, which is unfair. Similarly, it is not fair at the lawyer's end if the person who is already injured does not receive any compensation.
No Significant Injury
This is the obvious reason. You might feel that you should be compensated for every injury but only major ones are considered. If your injury has not led to expensive medical bills, permanent injury, lost wages, or trauma to you, your case is weak.
The attorney would not like to represent a case that has little chances of winning. Therefore, if your injury and financial recovery are minimal, the law will dismiss your case.
Time Limit Expired
Another reason why your case may be rejected is that the injury has crossed the statute of limitations or notice provisions as per the law. State law is very particular about time limitations. And mostly, the one who hesitates ends up losing.
The time limit for filing negligence cases like auto accidents must be filed within three years in the court. You are allowed to claim your auto insurance for up to one year. A lawyer cannot do much if your case if beyond such limitations.
No Fault No Liability
The defendant is only obliged to pay if they are at fault. Even though the accident or incident caused you severe injury, if the defendant proves that the accident or incident did not happen because of their fault, there is nothing you can claim.
Always remember that in order to attain damages for personal injuries, you must be involved in a serious accident that led to a serious injury. The injury needs to be serious enough, such as death of any person involved and life-altering injuries.
Lastly, if you feel you can get compensation, contact professional lawyers like El Dabe Ritter Trial Lawyers because you will have only one chance for that.
