The first step to putting forth a foolproof personal injury claim is finding the right lawyer. One may have to interview different lawyers before finalizing the personal injury lawyer VA Beach. Like how you evaluate an attorney, the attorney also assesses their clients and the case before working on it. Even if the first lawyer refuses to take up your personal injury case, don’t get discouraged. From the complexity of the case to expenses, there are various reasons why a lawyer can decline to represent you.
In this blog, we have listed some of the possible factors lawyers consider when evaluating a case.
- It’s difficult to establish liability.
Before taking any personal injury lawsuit, the prospective lawyer will first look into the case and find out if there is an issue in establishing liability. Not all accidents that result in injuries happen due to the fault of another person. In cases where the victim is responsible for their injuries or damage, they will not be liable to claim compensation. In your case, if another person involved in the accident is not legally responsible for the crash or injuries, your lawyer may deny representing you.
- Inadequate amount of damages.
In any personal injury case, the victim or plaintiff can ask for compensation for the damage and expenses incurred due to the accident. The victim may sustain property damage, loss of wages and income, the financial burden for medical treatments, pain, and anguish.
According to the case’s compensation, a personal injury lawyer has to justify the time they take and the resources they allot. Most lawyers from the personal injury law firm Virginia Beach handle accident lawsuits on a contingency fee basis. Meaning, the lawyer charges a certain percentage of the settlement amount as their fee. If the settlement amount involved in your case is less, they might turn down your request.
- Limited resources of the defendant.
A personal injury lawyer also reviews the defendant’s financial condition while evaluating any case. If the at-fault party doesn’t have enough resources to pay the settlement amount, the lawyer may choose to deny your proposal.
While most personal injury cases involve an insurance company that pays the settlement amount to the victim, there are times when the at-fault party doesn’t have insurance coverage.
In such cases, the defendant’s resources are analyzed to cover for the damage.
If you are a defendant and financially unable to pay for the damage, the lawyer may not take your case if you can’t pay the agreed fees.
Similarly, if the lawyer believes that settling the case can be troublesome due to the unavailability of enough resources, they will not take the risk to pursue the case.
- Expired Statute of Limitation.
In Virginia, personal injury cases have to follow a deadline. According to the statute of limitation, the victim has two years from the accident date to file a compensation lawsuit. Failing to adhere to this timeline can render your case invalid. Before taking your personal injury case, the lawyer will check whether the statute of limitation has expired or not. Even if your case is strong, no lawyer will take it up if the deadline to file the lawsuit has passed.