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Last Updated: October 7, 2024
If another party caused your injuries, you may be entitled to compensation for your economic and non-economic damages. However, when you met with a personal injury lawyer, they refused to take your case. In this blog, our New Jersey personal injury lawyers discuss why an attorney might not take your case and what you should do if an attorney turns down your personal injury case.
Reasons Why a Lawyer Might Not Take Your Personal Injury Case
Most people do not expect a personal injury lawyer to refuse to take their case. However, that could happen to you. If so, it helps to understand the potential reasons why an attorney might not take a personal injury case. Five common reasons include:
Conflict of Interest
An attorney has a duty of care to provide the best possible legal representation for their clients. They cannot meet this standard of care if they have a conflict of interest. For example, suppose an attorney represents the hospital you want to sue for medical malpractice. The conflict of interest would prevent him from taking your personal injury case.
Statute of Limitations Expired
New Jersey sets deadlines for filing personal injury claims. Most lawsuits must be filed within two years of the injury or accident date. If you miss the deadline, the court can dismiss your case. An attorney may not take the case if the statute of limitations has expired or may be close to expiring.
Damages Are Too Low
Personal injury lawyers take cases for a contingency fee. They are paid based on a percentage of what they collect for your claim. If the value of your economic and non-economic damages is too low, the attorney might not earn enough to justify the time and expense of taking the case.
Complex Areas of Law
Some personal injury lawyers do not handle specific types of cases. For example, they might not have experience handling complex legal matters involving product liability, medical malpractice, or mass torts. If so, they might turn down a personal injury case.
Disputes About Liability
New Jersey is an at-fault state for most personal injury claims. To recover damages, you must have sufficient evidence proving the other party caused your injuries. If the attorney feels they cannot prove your case because of a lack of evidence, they might not take your case.
Other Reasons Why a Personal Injury Attorney Might Not Take Your Case
There are many reasons why an attorney might not take your case. Other reasons include:
- You did not sustain serious injuries
- Your claim is out of state
- A government entity is involved in the case
- You were partially at fault for causing the accident
- You expect to receive a specific amount for damages
- The attorney does not feel comfortable with you
- The attorney does not take cases to trial
Some reasons an attorney might not take a case could be personal. However, in most situations, there is a justifiable reason why the attorney could not take your personal injury case.
What to Do if an Attorney Won’t Take Your Case in New Jersey?
If an attorney refuses to take your case, ask the attorney to explain why. It is important to understand why the attorney refused to represent you. Then, contact another personal injury lawyer for a free consultation. The reason the attorney did not take your case might be specific to that attorney. It does not mean you do not have a personal injury claim.
Contact Our New Jersey Personal Injury Lawyers for a Free Consultation
If you have questions about a personal injury case, call Nagel Rice LLP for a free case evaluation with one of our experienced New Jersey personal injury attorneys. We fight to obtain the compensation you deserve and need after an accident or personal injury. Our legal team is here when you need trusted legal advice.