KAASS LAW - Litigation and Trial Law Firm

When a person is injured due to someone else's negligence, it is logical to contact a personal injury attorney. However, not all attorneys will agree to take a case. If you have been turned down, there may be reasons why. Let's look at the top five reasons why an attorney may have rejected your claim.

5 Big Reasons For Rejection.

1. Insufficient evidence.

One of the most common reasons for a dismissal is insufficient evidence. To win a case, a lawyer need convincing evidence of the other side's guilt. If that evidence is insufficient, the chances of a successful trial are diminished. How does evidence affect the outcome of a case? In personal injury cases, causation is important. You must show that your injury was a direct result of the defendant's actions. Without this, you can't prove negligence. If you have no witnesses, no video footage directly linking your injury to the incident, the lawyer may think there is little chance of winning. What can be done?

Gather as much evidence as possible: photos, videos, witness statements, medical reports.
Seek additional expert testimony.
If the evidence in insufficient, consult with another attorney. He or she may be able to suggest alternative ways to prove your case.

2. The case does not have sufficient legal merit.

Sometimes lawyers drop cases because the potential recovery is too small. Personal injury lawyers work on a contingency basis, meaning they only get paid if they win. They take a percentage of the award. If the expected recovery is too low, the lawyer may feel that it is not worth the effort to work on the case. What cases are most likely to be declined.

Minor injuries that do not require serious treatment.
Cases without significant financial loss.
Situations where the likelihood of recovery is minimal.

What can be done?

Estimate the amount of possible compensations, for example through a free consultation at KAASS LAW.
If the amount is really small, consider setting the matter on your own without going to court. In some cases, the insurance company may offer a satisfactory solution.

3. You were partially or totally at fault for the accident.

If your analysis of the case reveals that you bear a significant share of the responsibility, this may be a reason for the attorney to dismiss the case. How does comparative fault work? Some states have a comparative fault rule that reduces compensation. For example:

If you are 30% at fault, your award will be reduced by the same percentage.
If you are more than 50% at fault, you may receive no compensation at all.

What you can do.

Find out how state laws deal with cases involving the injured party's partial fault.
Try to gather additional evidence to prove that the other party was more at fault.

4. Statute of limitations.

Every personal injury case has a statute of limitations. If it has expired, there is no point in filing a lawsuit. What is the statute of limitations in the US? Statutes of limitations vary depending on the type of case and jurisdiction. For example:

In California, the statute if limitations for personal injury cases is two years from the date of injury.
In some states, the statute of limitations may be three or four years.
If the injury is discovered later, the statute of limitations runs from the date of discovery.

What can i do.

Check to see if the time limit for filing your claim has passed.
If the deadline is near, seek legal advice immediately.

5. Lawyer believes the case is unprofitable or too complex.

Some lawyers avoid complex cases that require a lot of time and resources. What type of cases are considered complex?

Medical malpractice.
Cases against large corporations.
It can be harder to prove psychological harm than physical harm.

What can you do?

Find a law firm that specialize in complex cases, such as KAASS LAW.
Consider meditation or pretrial settlement.

If your claim has been denied, it doesn't mean the case is hopeless. It is important to understand the reason for the denial and take appropriate action. Sometimes the solution is to find a more experienced attorney, and sometimes it is to gather additional evidence. What should you do if you are denied?

Evaluate the reason for the denial.
Try to improve the evidence.
Get a second opinion.
Contact a law firm with a good reputation.

If you have questions or need professional assistance, KAASS LAW is here to help. Call (844)-522-7752 to speak with our experienced attorney.