If you have been in an accident, one of your first concerns may be hiring a personal injury lawyer. However, not every attorney has the experience and resources to handle a personal injury case. Sometimes people are surprised when they seek out an attorney only to have the attorney reject their case. Some people may feel that this is not fair and that attorneys should take any case they can. However, there are several reasons why an attorney may turn down a case. This blog post will explore some of the reasons why an attorney might turn down your personal injury case.
At the Kieklak Law firm, we have been representing those injured in accidents for over 20 years. We handle a large variety of personal injury cases large or small. Our goal is to help you recover from your injuries and damage by providing aggressive representation. For your free and confidential legal consultation call us at (479) 316-0438 or contact us online.
Factors Lawyers Take into Consideration About Your Case
Lack of expertise – Licensed attorneys can technically practice in any area of the law that they want, with only a few exclusions. However, not every attorney will have the expertise and training in personal injury. Some attorneys choose to focus their legal career in other areas of the law such as criminal law or business litigation. This is not to suggest that these attorneys would not be able to handle your case professionally and competently, however, an attorney who does not practice in the area of personal injury may not want to take a case for fear that they would not provide you with the best representation possible. In addition, even if an attorney practices personal injury they may be hesitant to take certain cases, which require specialized knowledge such as medical malpractice or pharmaceuticals.
Lack of legal basis – While it may seem that a person can be sued for almost anything, before a case can be brought to court there has to be some legal basis for the claim. This requires lawyers to listen to the facts and circumstances of your case and determine if the law applies to you. Unfortunately, there are times where accidents happen that are just that, accidents. Many personal injury cases are usually based on negligence, malpractice, or strict liability. However, if your case does not fit into any of the recognized legal basis, then an attorney who files a case may be sanctioned for filing what is known as a frivolous lawsuit. Therefore, there may be times when an attorney may have to turn down a personal injury case simply because there is no basis in the law for you to recover for your injuries.
Lack of substantial injuries – Personal injury cases can range from minor injuries to catastrophic and life-altering. However, some attorneys choose to focus solely on larger cases, while others will focus on smaller cases. Attorneys can exhibit some personal preference over what kinds of cases they can take. However, an attorney may choose not to take a case because the injuries and damages are simply too small. In Arkansas, there is small claims court where a person can recover for personal or property damage of up to $5,000. However, if your injury is small the cost of going to court and filing all the paperwork may not make the case valuable to either you or the attorney. However, this should not deter you from talking to a personal injury lawyer, if you have been injured because of another’s negligence, then you may be entitled to compensation.
It is too late – There are some instances when an attorney may not take a case because it is simply too far in the past. Each state has established deadlines for when a personal injury case can be brought to court. These laws are known as statutes of limitation. Arkansas has established that all personal injury claims must be filed within three years of the accident, or injury. This means that if you were injured in an accident five years ago and have not filed any proceedings with the court, your case may be denied. Attorneys are hesitant to take cases that may be dismissed because of the statute of limitations because this too could be considered a frivolous lawsuit.
Despite what many people think and joke about, attorneys are professionals who devote a substantial amount of their time and energy to provide their clients with the best possible representation. Every time an attorney takes a case they have to consider all of these factors. In addition, attorneys will consider if they have the time, resources, and experience to handle your case as thoroughly as they should. While it may seem that attorneys who reject cases are being lazy or rude, they are more often doing so because they are concerned about your well-being and want to make sure that your case is handled by the best.
Common Personal Injury Cases
We understand that injuries can happen to anyone at any time. We also understand that what may be a minor injury to one person may be a debilitating injury to another. That is why we have been handling personal injury cases throughout Arkansas for over twenty years. We know how injuries can impact not only your physical well-being but also your emotional and financial well-being. We believe that negligent parties should be held accountable for their actions, and are experienced in all types of personal injury cases. Our skilled personal injury attorneys have been representing clients in matters including but not limited to:
- Motor Vehicle Accidents
- Trucking and 18-wheeler Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Drunk Driving Accidents
- Bicycle Accidents
- Slip and Fall Accidents
- Plane Crashes
- Fires and Explosions
- Railroad Crossing Accidents
- Defective products
We know how devastating injuries can be, and we also believe that when your injuries are caused by another’s negligence, that you should be entitled to recover for your injuries.
Injured in Fayetteville? Contact a Personal Injury Attorney for Help with Your Case
If you have suffered a serious injury or if you have lost a loved one due to the recklessness or carelessness of another, the Law Practice of Ken Kieklak can fight for you. For more than 20 years, Fayetteville AR personal injury lawyer Ken Kieklak has stood up for hard-working people who have been injured through no fault of their own. To schedule your free and confidential personal injury consultation call (479) 316-0438 or contact us online.