6 Top Reasons Why Personal Injury Attorneys Decline A Case (1)

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6 Top Reasons Why Personal Injury Attorneys
Decline A Case
Critical thought, Critical Thought, Empathy,
Clarity, Action.
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1. Absence Of Serious Injuries
The main reason the law allows individuals to
claim damages for physical harm is to help them
recover financial losses caused due to the
injury. It also helps people get compensation for
the trauma they had to suffer because of someone
elses carelessness. Legal professionals like to
take up cases which satisfy this criterion. An
instance where a person suffered harm which
caused her to change or lose her job will
definitely be taken up by counselors. However, if
the damage caused is minimal and there were no
significant losses suffered by an individual,
lawyers will politely refuse to take up the case.
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2. Difficulty In Establishing Liability
One of the biggest factors which influence a
solicitors decision to take up a case is
liability. Legal professionals have to establish
four facts to prove that the defendant was liable
for causing hurt to their client. They must first
prove that the supposed offender had a legal duty
to take careful actions. Secondly, it has to be
shown that the person failed to act cautiously.
Then it must be shown that this negligent
behavior caused harm to the client and finally
that the damages resulted in financial losses for
the aggrieved party. It is difficult to win
substantial compensation unless these four things
are proven in a court of law. Do not expect
professionals to take up an issue where it is
hard to hold an entity liable for the harm.
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3. In Case Victim Is Partially Responsible
Lets say that a man driving a car makes a turn
at an intersection and hits a woman driver who
was clearly overspeeding. When the woman sues the
man for damages, the same case where the lady is
also partially at fault will be handled
differently in various states. For example, a
personal injury lawyer in NYC will tell you that
the matter will be resolved under the comparative
negligence system. So, if the man is found to be
only 60 responsible for the accident and the
female driver is determined to be 40 at fault,
then she will receive only 60 of the total
available compensation. The same issue will be
handled in a completely different manner in a
state like Alabama which has the contributory
negligence mechanism. Here the male driver can
avoid paying any damages if he can establish that
the lady got hurt because of her own
carelessness. The chances of recovery in matters
where the victim is partially responsible also
influence a lawyers decision.
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4. Complexity Involved In The Case
Personal injury attorneys also consider the
inherent complexities of a case before taking it
up. It is easy to represent someone who was
standing innocently on a sidewalk when a vehicle
climbed it and hit the person. However, all
situations are not so simple and straight
forward. Consider a scenario where a person
suffers great harm during a medical procedure in
a hospital. Now the legal adviser will have to
establish that the process could have been safely
done by another competent organization. This can
be quite a challenging task because it will
require testimonies from medical experts which
will be countered by the defendants own experts.
Such issues require a lot of time and money to
even take it to the trial stage. Most counsels
like to avoid situations which are too
complicated and can take a long time to resolve.
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5. When Government Entities Are The Supposed
Defendants
Counsels specializing in personal harm matters
can also turn down a case if the supposed
defendant is a government entity. The reason
behind this is all states have different
regulations to deal with situations where
government personnel or department are accused of
causing trauma to an individual. A government
employee can be sued if he/she was acting as an
individual. However, if the damage was done while
acting on behalf of the authorities then the
counselor will first ascertain whether the case
will be permitted under state regulations or not.
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6. When Claim Is From Outside Of State
Proximity is another factor which counselors look
at before taking up a matter. If the client lives
in another state, then there would be expenses
related to his/ her travel and stay. Similarly,
if the defendant is located in another state then
the legal expert will have to visit the place for
depositions and research. Lawyers like to make an
assessment of the expected compensation and the
costs involved in situations where the accident
and the claim are from another state. If they
find the expenses exceeding the possible damages,
they will opt out of the case.
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Law Offices of Steve Newman 65 Broadway, Suite
1603 New York, New York 10006 Tel (212)
405-1000 E-mail newmanesquire_at_aol.com