NEW YORK — After you’ve been hurt in New York through no fault of your own, you might consider asking a personal injury lawyer near you for advice. Whether you slipped and fell on city property or were injured in a severe automobile crash due to another driver’s careless actions, you deserve justice for what you have suffered. The reality is that most personal injury lawyers are highly selective about the cases they accept.
After a case evaluation with a lawyer, you might be puzzled to find that they refused your accident case. There are many possible reasons for this. Understanding them may help you find the right Manhattan personal injury attorney for you.
4 Reasons a Lawyer Might Refuse your Personal Injury Case
You didn’t suffer sufficient damages.
One of the most difficult challenges a Manhattan personal injury lawyer may face is to prove to the court that your injuries were a result of the accident in question. For example, many people develop back pain over time. Although an accident may have caused you to notice your back pain more, it didn’t necessarily cause the injury. When there’s a more severe injury, such as a bone fracture, it must’ve been caused by a specific event like a car crash or a slip and fall.
There’s no one to hold liable for your injuries.
Unfortunately, even if you weren’t at fault for the accident in which you were injured, there might not be a party to hold liable for damages. Attorneys must prove four main elements in most personal injury cases:
- Someone else owed you a duty of care
- The person who owed you that duty breached it
- The breach of that duty caused your accident
- The accident the breach of that duty caused resulted in damages
Sometimes, forces outside of anyone’s control lead to accidents that cause injuries. For example, if you’re driving in a thunderstorm and lightning strikes your vehicle causing a crash, there isn’t a party to hold responsible. An attorney who doesn’t believe he can prove all four elements might not be able to take your case.
The attorney isn’t the right fit for your case.
Thousands of lawyers throughout the state of New York practice personal injury law; however, not all are qualified to take all kinds of personal injury cases. An attorney who mainly handles worker’s compensation cases will likely refuse a medical malpractice case due to lack of familiarity with malpractice cases.
Attorneys also tend to avoid taking cases they don’t think they can win. If an attorney denied your particular case, they might be acting with your best interests in mind. After all, you only get one shot to file a personal injury claim. If you lose, you may not be entitled to receive any compensation for that accident… ever.
Before your next consultation, be sure to ask questions about the attorney’s experience resolving cases like yours.
The lawyer or law firm can’t handle the size of your case.
Personal injury firms come in all sizes. If an attorney turned you down and you believe you have considerable damages, it’s possible that your case was simply too big to handle. Some boutique law firms limit the amount of cases they take and might not have the proper resources to bring your case to trial, if necessary. Other firms might refuse claims beneath a certain value.
As one of the largest personal injury firms in America, Cellino & Barnes has prosecuted cases of all shapes and sizes. If you have any questions about what type of case you might have, or what challenges your case may face, contact a Manhattan personal injury lawyer at Cellino & Barnes for a FREE case evaluation.
Do You Have a Personal Injury Claim in New York?
At Cellino & Barnes, we have a robust team of attorneys who have experience in all areas of personal injury law. Don’t hesitate to contact our firm to understand what you can expect from pursuing a lawsuit for damages. We’re happy to review your case at any time of day to help you take the right steps to get back on your feet. Contact a Manhattan personal injury lawyer for a free consultation.
Cellino & Barnes (800) 888-8888