Lawyers consider many factors when deciding whether to take a potential case.
However, not all people who suffer injuries in an accident can recover compensation.
Sometimes, the facts of your case don’t support all the elements necessary for a successful personal injury claim.
If you’re the victim of an accident, you should contact our Birmingham personal injury attorneys at the Fob James Law Firm today to find out whether we can help you.
You Cannot Establish Clear Liability
A lawyer won’t take your injury case if you cannot establish the four elements of negligence.
To establish liability, you must prove that:
- Someone else owed you a duty of care,
- He or she breached their duty of care,
- Their breach caused your injuries, and
- You suffered damages as a result of the breach.
These four elements apply to most types of personal injury cases.
Your Injury Is Not Serious Enough
To recover compensation, you need to prove you’ve suffered significant injuries.
If you haven’t suffered substantial damages such as ongoing physical injuries or the inability to perform your job or enjoy your hobbies, a lawyer likely won’t take your case.
You Were Partially at Fault for Causing the Accident
Under Alabama law, you cannot recover any compensation if you were partially at fault for causing the accident.
As a result, a lawyer won’t take your case if your negligence contributed to the cause of the accident.
Other Lawyers Have Rejected Your Case
If you’ve spoken with other lawyers and they have rejected your case, this raises red flags surrounding your case’s potential success.
However, sometimes lawyers don’t take cases based on personality and fit rather than the potential for recovery.
You and the Attorney’s Personalities Don’t Match
If you and the lawyer’s personalities are not compatible, they may not take your case.
An attorney may not feel like they are the right fit for you after speaking with you during the initial consultation.
The Statute of Limitations Has Run
The statute of limitations is a timeframe during which you must file your case.
Alabama personal injury cases generally must be filed within two years of the date of the injury.
A Birmingham personal injury attorney will not take your case if the statute of limitations has expired.
The Defendant Does Not Have the Resources to Pay Your Claim
In most injury cases, the defendant has insurance coverage which will be used to pay out your claim.
However, a lawyer will not take your case if he or she believes that the defendant does not have the proper insurance or adequate resources to cover your claim.
Your Case Is Too Costly
Sometimes, the complexity of a personal injury case can make it too costly for a lawyer to take it.
Law offices are businesses too, and if the lawyer can’t devote the necessary amount of time and money your case demands, he or she won’t take it.
The Lawyer Does Not Have the Experience Necessary to Handle Your Case
If the lawyer does not typically handle the type of personal injury claim involved in your case, they may reject it.
Lawyers can educate themselves through research, but they may not have the time to do so.
The Lawyer Has a Conflict of Interest
If the lawyer has represented the defendant before, he or she won’t take your case.
This involves a conflict of interest that violates lawyers’ ethical obligations.
Our Birmingham personal injury attorneys at the Fob James Law Firm take fewer cases than most other personal injury firms.
However, we do this so that we can focus on each of our client’s individual needs.
To find out if we’re the right fit for you, contact us today to schedule your free consultation.
Fob James
Fob James obtained a B.S., in software engineering from Auburn University and then continued his education by getting his J.D. from Vanderbilt University School of Law. After working for a large regional firm for several years where he obtained awards for both individual and corporate clients, Fob found that his passion was fighting for individuals who have been seriously injured or wronged by others. Fob believes that the jury is the great equalizer to the power and influence that large corporations have in society.