Why Would an Attorney Refuse My Personal Injury Case?
In Maryland, the average hospital stay costs between $1,191 and $2,702 per day. If your injuries require any specialized tests or therapy, your costs will quickly exceed the average. When you’ve been injured and need help paying bills, a personal injury claim can help you to get back on your feet. Although the law does not require that you be represented by an attorney, the complex legal system makes it much safer to hire an attorney in order to maximize your settlement. After researching your options and calling your first choice attorney, the last thing you want to hear is that an attorney will not take your case.
Key Reasons for Refusal
Perhaps the simplest reason your case could be refused is the statute of limitations. Maryland law sets out specific time limits for filing suit in certain cases. Personal injury cases are generally allowed three years from the time of the injury, though certain circumstances might extend the statute of limitations. If the statute of limitations has expired, even the best attorney will not be able to pursue your case.
One of the primary reasons an attorney might refuse to take your case is if your claim simply isn’t worth enough to justify the time and expense. Not only will you ultimately get less from the case, once your attorney’s fees are paid out of the settlement, but the opposing attorney is likely to take advantage of your small claim as well. If the opposing attorney can draw out litigation, making it more and more expensive for you, it’s less likely that you’ll continue the case, eliminating the issue for their client.
Even if your case has significant financial merit, an attorney will still refuse your case if the defendant has no ability to pay any judgment or settlement. Large companies generally have the resources for this, but the average citizen may not, particularly if they do not have any applicable insurance.
Another reason you may be turned down is the fact that you must be able to prove in court that your injuries and expenses were caused by the accident, which was the fault of the defendant. If you are unable to reasonably prove these things, the case will be difficult or impossible to win.
Creating a Case
Although you cannot control the factors which may cause an attorney to reject your case, you can take steps to ensure that the attorney is fully informed about the merits of your case before making a decision. Be prepared to provide your attorney with:
- Your detailed account of the incident
- A summary of expenses and other damages
- A list of parties potentially at fault
- Name and insurance information for at-fault parties
Not only will this information help your attorney to arrive at the best possible decision but will also demonstrate that you are organized plaintiff prepared to assist in your case.
Contact an Attorney
If you believe that you can benefit from a personal injury case, contact the La Plata & Waldorf personal injury attorneys at the Law Office of Hammad S. Matin, P.A. as soon as possible after the accident. An experienced personal injury attorney is the best resource for finding out if your case has a chance in court.