Were you injured in an accident? If so, you may be dealing with an injury, property damage, and missing time from work. It’s a stressful time, both physically and mentally.
If the accident wasn’t your fault, you might be able to seek compensation from the party who caused the accident. The best way to go about recovering payment for your losses is to consult a personal injury lawyer.
Sometimes, a personal injury attorney may not want to take your case. Here are some reasons why.
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There is a Conflict of Interest
Texas attorneys have a duty to put the interests of their clients before any other interests. If the lawyer has another client whose interests run counter to yours, this creates a conflict of interest for the attorney. Since the attorney can’t act in both clients’ interests, they should not take your case.
An example of a conflict is if the attorney has already agreed to represent another party involved in your claim. Lawyers typically cannot represent opposing parties in the same case.
There Aren’t Enough Damages
You must have suffered damages to bring a personal injury case. If you’ve been in a car accident but weren’t injured, you may have a claim for property damage, but not a personal injury claim.
The value of your case depends on the amount of damages you have incurred. Damages refer to financial costs like medical bills and lost wages, as well as any pain and suffering you have endured. Generally speaking, the more serious your injuries are, the higher the value of your case. The stronger your claim is against the negligent party will also increase your chances of getting compensation.
Your case needs to be worth enough to warrant the attorney taking it on. This is because most Texas personal injury lawyers work on a contingency fee basis, meaning they only get paid if they recover compensation for you. If your claim is successful, the attorney will take a pre-agreed-upon portion of the total amount awarded.
Your case has to be worth the amount of time and work it will take the lawyer to get you the best result possible.
You Were Partially At Fault
If you were in an accident that was partly your fault, you might receive less compensation due to your shared negligence. Texas is a modified comparative fault state, meaning the amount of money you can recover will be reduced by your percentage of fault.
If you are greater than 50% to blame for the accident, you are barred from receiving compensation from the at-fault party. For this reason, a personal injury lawyer might not take your case.
Even if you are less than 50% at fault, a lawyer might be reluctant to take your case. Since the value of your claim will drop by your percentage of fault, the lawyer may decide it isn’t worth their time.
It’s Too Late to File: You’ve Missed the Statute of Limitations
There is a limit to how long you can take to file a personal injury lawsuit. In Texas, the statute of limitations to file most personal injury cases is two years. This means a person has two years from the date of the accident to file a lawsuit.
A lawyer won’t take your case if it’s past the filing deadline. The best thing you can do is consult a personal injury lawyer as soon as possible after your accident to ensure that you easily meet all deadlines.
Speak to an Austin Personal Injury Lawyer About the Strength of Your Case
If you’ve been injured in an accident, you probably have many questions about what to do next. The wise move would be to consult an experienced personal injury lawyer about your legal options for compensation. They will assess the strength of your case and advise you on the best path forward.