What If An Attorney Tells Me I Don’t Have a Good Car Accident Case?Last updated on: March 12, 2015
Call (800)-863-5312 to Speak with a Zinda Law Group Car Accident Attorney About Getting A Second Opinion On Your Case
After a car accident, you may feel overwhelmed and confused about what to do next. You may have tried to contact a car accident attorney, but the attorney rejected your car accident case. This can occur for several reasons, and a rejection from one attorney may not mean that you do not have a case worth pursuing.
At Zinda Law, we have experience helping victims seek the compensation they may be entitled to after a car accident. Call (800)-863-5312 for a free case evaluation with one of our experienced car accident attorneys.
WHY WON’T AN ATTORNEY TAKE MY CASE?
There are a number of reasons why an attorney may not take your case. Some attorneys won’t tell you why they will not try to help you. Then again, it can be frustrating when an attorney tells you that you do not have a “good” car accident case, but does not explain why they are really rejecting your case. Some of the most common reasons that attorneys reject car accident cases include:
If you have minor injuries and your car has little damage, some attorneys may see this case as too small and not worth the effort of pursuing. Most car accident attorneys work on contingency, which means that they do not receive any money until your case is settled or after a successful trial. However, if you have little to no damages, the charges of a settlement decrease.
Statute of Limitation Expired
Each state its own time limits, or statutes of limitations, on how much time you have to file a lawsuit after a car accident. If you wait too long to pursue a car accident claim, the statute of limitations can expire, and an attorney may be unable to pursue your case. In some cases, there is nothing more that can be done. However, in some instances, these deadlines can be extended if victims were unaware that they were injured at the time of the accident or they did not realize that the defendant’s actions were what caused the injury.
Conflict of Interest
Attorneys cannot represent parties who are on opposite sides of the case. If the other party in the car accident, their insurer, or another involved party has already retained a lawyer, then that lawyer has a duty to turn down your case. However, you may still have a good car accident case and may be represented by a different attorney.
Accident Occurred Out of State
When accidents occur outside of the state where your attorney is located, they may be unfamiliar with the laws governing that state or unable legally to accept the case. If a lawyer looks at your case without understanding the state-specific law of where your accident occurred, they may miss important details that may be beneficial in your case.
Little Settlement Money
If you are in a car accident with an uninsured driver, there will likely be no chance of recovering any money from an insurance company. Because car accident cases typically settle and the insurance company pays all or part of the costs, attorneys may worry about taking on a case where they will not be paid.
You Carry Too Much of the Blame
Each state sets its own rules for determining comparative negligence, or how to divide and assign fault in an accident. Even if you believe you may be partially at fault for causing the accident, you may still be entitled to recover money. However, some attorneys only want to take on “slam dunk” cases and do not want to take on clients who are partially to blame.
Outside of the Attorney’s Specialty
Like many jobs, lawyers often specialize in a certain area of the law. If you ask an attorney who does not usually handle car accident cases to take on your case, they will likely turn it down because they are not familiar with the procedures or specific laws surrounding personal injury and liability in a car accident case.
Your Case is Complex
Sometimes you may have a good case, but there are several parties involved and the case is too complex. For solo attorneys or small firms, they may not be able to dedicate the time and resources needed to adequately take on and represent your case.
The Attorney Can’t Afford It
Most personal injury attorneys work on contingency, which means that they do not receive any money until your case is settled or after a successful trial. In some cases, this process can take years, and an attorney may be unable to work for years without receiving a payment.
CAN I STILL PURSUE A CAR ACCIDENT CASE?
You should not give up if a lawyer rejected your case. It is worth getting a second or third opinion on whether you have a case. If an attorney rejects your case, you should always ask them why. If your case is outside of their specialty or they can’t afford to take on your case right now, you may have a good car accident case.
However, you should also listen if an attorney tells you that the statute of limitations expired or you carry too much of the blame, as this may indicate that you are unable to pursue your claim, or it will be more difficult to convince an attorney to take on your case. At Zinda Law Group, we offer 100% free consultations and can give you a second opinion if an attorney previously rejected your case.
WHAT SHOULD I DO TO STRENGTHEN MY CASE?
When you speak with an attorney, there are a number of photos, documents, and other evidence that they may ask for in order to determine whether you have a good case. There are several steps and items that should be collected after a car accident in order to strengthen your case.
Seek Medical Attention
If you were injured in a car accident, you should seek medical attention. If a doctor took x-rays, performed surgery, reset bones, or performed other medical procedures, these records can all be used to help demonstrate that you were significantly harmed and that your case is worth pursuing.
Document Your Damage
An attorney will want to see pictures of the damage from your car crash. This could include photos of the damage to your car, such as cracked windshields, deployed airbags, and dents or crushed pieces of your car. Additionally, you should take photos of any injuries that you sustained in the accident. If you have photos of the location of the accident or names of individuals who witnessed the accident, these will also be an asset.
Obtain the Police Report
If a police officer responded to your accident, he or she will have filled out an accident report. This report will help lawyers understand what was officially reported and may be a factor in determining whether the accident was partially your fault.
Document Your Expenses
One of the most important steps you can take is documenting your expenses. In cases where attorneys believe victims do not have enough damages, they may lack evidence of how the accident financially impacted them. Expenses from your accident could include:
- Hospital and doctor bills
- Physical therapy invoices
- Chiropractor bills
- Dental charges
- Documented time taken off from work due to any injuries
- Receipts for the repair or replacement of your car
- Receipts for the use of a rental car while yours is being repaired
Do I Need a Lawyer after a Car Accident?
It depends on the severity of the accident and if any party sustained injuries. If no one was injured, you may be able to settle the insurance claim without an attorney. However, if you were injured in a car accident, you have the right to recover expenses from medical bills, car repairs, pain and suffering, and time taken off from work due to the injuries you sustained in the accident. An experienced lawyer may be able to help you navigate his process.
What Can a Car Accident Lawyer Do for Me?
A car accident lawyer may help ensure you receive proper medical treatment, investigate the accident, interview witnesses, collect crash reports, negotiate with the insurance company, file a lawsuit, and go to trial if necessary. An attorney may also help you determine the damages you are entitled to, which will depend on factors such as the extent of your injuries, the amount of your medical bills, pain and suffering, lost wages, and damage to your vehicle, among other things.
CONTACT A CAR ACCIDENT LAWYER TODAY
At Zinda Law Group, our car accident attorneys have helped many crash victims get the compensation they deserved after suffering an injury. If an attorney rejected your car accident case, we want to offer you a second opinion because we understand that car accidents can leave victims with physical, emotional, and financial burdens.
We believe a car accident victim should never have to worry about being able to afford legal representation. That is why we offer 100% free consultations, and why you pay nothing unless we win your case. That’s our No Win, No Fee Guarantee.
If you have been injured in an automobile accident, call Zinda Law Group at (800)-863-5312 to receive your free consultation with one of our experienced car accident lawyers.
Meetings with attorneys are available by appointment only.