If you are injured due to someone else’s negligence in Los Angeles, a personal injury attorney can help you. However, due to certain complications involved, there’s a possibility that a professional injury attorney might refuse to file a case on your behalf. The rule of law is a diverse and specialized subject that gets more complex as other parties get involved in the legal dispute. After an accident, the injured party typically engages a personal injury attorney to proceed with the litigation. However, there always remains a possibility that the case’s inbuilt difficulties may compel the attorney to decline your case. If you’ve been trying to get an attorney in Los Angeles but have not met with success so far, these underlining factors might be why the attorneys are unwilling to take your personal injury case.
Personal Injury Attorney In Los Angeles Finds Establishing Liability Complex
The first issue that any professional attorney will look at in any case is establishing liability. Just because someone got injured does not mean that someone else is legally required to pay for their injuries. If the victim is responsible for their own injuries, they are not liable to any compensation under the statutory law. A personal injury attorney evaluates the case and determines which party may bear responsibility for the accident. If the other party is not legally responsible for the accident, the case is most likely to be refused.
Damages Are Inadequate
In LA, the value of a personal injury claim varies from case to case. Generally, the settlement amount is assessed on the basis of the damages suffered by the victim. These damages include medical expenses, lost time from work, property damage, mental anguish, loss of earning capacity, and pain and suffering. This consideration is particularly important in any personal injury lawsuit because the cases are generally handled on a contingency fee basis. It means that the lawyer receives a certain percentage of the total settlement pronounced by the court of law. If the expected settlement amount is inadequate, there is a probability that a personal injury attorney might not contest the claim on your behalf, as the payoff might not attract the lawyer.
Defendant Has Limited Resources
One of the reasons a case may be rejected is because there’s no money, even if the plaintiff deserves compensation. Personal injury attorneys in Los Angeles can also reject a case if they believe that the defendant does not possess the resources to pay their claims. In most personal injury claims, insurance coverage is available to help pay off the damages that the victim has sustained. Yet, insurance coverage can be denied in certain situations. Likewise, a private party may not have insurance coverage, making a claim inapplicable altogether. If most of the defendant’s resources are legally tied in separate corporations, an attorney may be reluctant to take the case. It’s because they will believe that there will be difficulties in collecting the settlement amount. In such cases, the defendant’s resources are tapped into to compensate for the damages. If a defendant is monetarily unable to pay for the settlement claim they are responsible for, the attorney will unlikely be willing to take on the case.
The Case Has Expenses And Too Much Time Is Required
As most personal injury cases are taken on a contingency fee basis, their payout is uncertain. The personal injury attorney is only paid, under most cases, when they successfully prove the negligence of the at-fault party and are due for settlement. An attorney handling a case with a contingency fee might pay for some of the expenses associated with the case. For instance, if the case goes to trial, the attorney is expected to pay for:
- Taking depositions
- Copying documents for discovery
- Copying documents that will be used as evidence
- Preparing exhibits
- Paying medical experts or other experts to gain valuable information for the case.
If these expenses end up being too high, the personal injury attorney may not afford the case and can decide to reject it. Conversely, an attorney accepts cases that will compensate for the risk and expenses that they face. Every personal injury case has its own time frame and professional attorneys can analyze how drawn-out a particular case can be. If the case is expected to take a long time, the attorney is highly unlikely to accept the case, as it not only increases the risk of settlement but also inhibits the ability of the attorney to take on cases of other personal injury victims in Los Angeles.
Case Comprises Of An Unusual Issue
If there are intricate and unusual issues involved in a case, the attorney might feel that taking the case is unnecessary. The problems that can make a case difficult to contest in the court of law can include but are not limited to federal court jurisdiction, governmental immunity, and other jurisdictional covenants. Attorneys usually balance risk and reward. Taking on your case means they will be forfeiting other cases and opportunities, as every attorney has a caseload and resources to consider. According to the Court Statistics Report issued by the Judicial Council of California, in FY 2018-19, 283,728 civil cases were filed in LA alone. The ample number of cases filed means that attorneys usually have their hands full. Thus, if an attorney feels that the intricacies involved with the case do not balance out the opportunity cost, they are least likely to proceed with it.
Conflicting Interest Or Poor Rapport With The Client
Sometimes, a personal injury attorney in Los Angeles might not feel a good rapport with a particular client. If attorneys think that the client does not trust them, they might not take the case. Attorneys must adhere to a firm set of moral guidelines. If they violate these guidelines, they can risk losing their professional practice license. A personal injury attorney in Los Angeles can reject a client if they have previously represented the defendant. If the attorney is morally or intellectually at odds with the case, they may perceive a conflict and choose to discard it altogether.
Other Attorneys Rejected The Client
At times a client who previous attorneys have rejected can raise red flags. There is a possibility that the attorney might be reluctant to work with the victim that other personal injury attorneys in Los Angeles have rejected. If another associate has rejected the client, attorneys may perceive some problem with the proceeding and will avoid accepting the case.
Expiry Of The Statute Of Limitations
An imperative reason a personal injury attorney will reject a client’s case is when the relevant statute of limitations has ended. Even if the client’s case is strong, the expiration of the statute of limitations bars the attorney from proceeding with a lawsuit.
To Sum It Up
If you were wounded in an accident due to someone else’s negligence, you could hire a personal injury attorney. If you have received proper medical treatment and possess the supporting documentation that validates your claim, you should not be discouraged by an attorneys’ decision to not take up your legal lawsuit. It’s important to understand that just because one lawyer has denied your case for any of the reasons mentioned above, there is still a chance. There is always another attorney that would have a different perspective. It is always a good idea to acquire a second opinion about your case, even if several attorneys have rejected it. If you’re still looking for a personal injury attorney in Los Angeles or want to know more about personal injury law, our team of experienced Car Accident Attorneys can help you. us at 213-464-0747 or email our lead trial attorney Greg Kirakosian directly at firstname.lastname@example.org. We will be glad to be of service. *These blogs are meant to be used for educational purposes. They contain general information about legal matters. They are not legal advice and should not be treated as such. To know more about legal matters, consult our attorneys at 213-464-0747.*