3 Tips To Avoid A Personal Injury Case Refusal

A personal injury case is a claim filed in court by a person, or representative of a person, who suffered an injury because of a wrongful act or negligence by another. Some of the most common examples are claims for injuries suffered by a vehicle accident victim, injuries or death because of medical malpractice, and similar claims stemming from injuries caused by negligence.

However, not all wrongdoings may be acted upon by a court of law. Only those defined by law as an ‘actionable wrong,’ may be filed in court. And not all actionable wrongs are ‘personal injury cases.’ The law has particularly defined all cases under this specialization.
That is why only lawyers specializing in personal injury cases are best suited to assist you in court when filing and processing such a case. Legal counsels like the ones at townsendlawkc.com and other law firms can read you through the dos and don’ts of these kinds of claims.

Common Reasons Of Refusal

Some law firms or lawyers may refuse to represent your case because:
  • Upon assessment, it is difficult to prove the other party’s liability.
  • They may find that the claim does not match the services they offer.
  • The attorney may not be able to properly assist you due to a conflict of interest.
  • Your case can no longer be filed because the period for its filing has expired.
Since this is not their expertise, non-private injury lawyers are bound to encounter difficulty looking for evidence, related cases, and other information that can effectively support your claim, which is often referred to as ‘damages’ in law.
Courts of law require sound proof for every claim submitted to them before they can make any decision. The courts always make sure that the scale of justice fairly considers the opposing claims presented to them during the trial. The process involves expertise in a particular field of the legal profession.
So, to help reduce the chances of your personal injury case being refused legal assistance, here are some helpful tips you need to consider:

1. Know Your Experts

Law is a broad field that covers many branches. You need to know who among the many types of lawyers and the countless firms in your area have relevant experience and expertise in handling personal injury claims cases.
The ideal legal representative should have already defended and won a number of legal cases with the same claim you have. They should also have a reliable reputation among their previous clients.
Your case will not be refused if you engage the services of a competent and considerate counsel who can properly represent you in your personal injury claims case.

2. File At The Right Time

A claim should not be an afterthought. It should be well-planned and filed on time. You can consult lawyers right away if you believe or suspect that your right has been violated.
Personal injury cases may vary depending on the jurisdiction. In most jurisdictions, laws set reasonable periods when claimants may be allowed to file cases in court, which is technically called the statute of limitations.

This means that if you file the case beyond the time limit, you will no longer be allowed to claim for damages you’ve suffered. Getting justice after an injury isn’t possible if you’re no longer allowed to fight for it.
So, make sure to consult your personal injury claims case lawyer as soon as you encounter injuries caused by another. This is to avoid the possibility of getting a refusal for legal assistance.

3. Estimate The Cost of Litigation

Filing a case in court comes with high costs. Aside from the cost of hiring legal experts for your personal injury claims, there are also administrative and miscellaneous fees you have to consider, among others.
Because legal costs can easily pile up, getting a proper estimate of the total legal costs will help you see right away whether the cost of filing your case is more than the claim you’re expecting to get. It is unreasonable to spend more than the amount you can get from the person who caused the injury in the first place. Though there are times when your rights are more important than your claims, setting your expectations is equally important.
Your case will not be refused legal assistance if the amount of your expected claims is more than the cost of litigation.

Your Right is Supreme

The success of legal cases takes more than just commitment. While it is the sworn duty of lawyers to defend the defenseless, they may also refuse clients for specific reasons.
You have every right to be represented in court, but to enforce your rights, you also have to comply with certain requirements and limitations set by law. To avoid the chances of refusal when filing a personal injury claim, consider the tips above. 

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Posted - 10/22/2021