If you have been injured in an accident due to the negligence of another person or entity, you may have grounds for a personal injury claim. When it comes time to start the filing process, you need legal representation experienced with successfully litigating these types of cases. It is important that you first hire a lawyer who has experience in personal injury law. The lawyer should also be familiar with the laws of your jurisdiction.
When someone has been injured in an accident or injured due to someone else’s negligence, it can be the most painful and traumatic experience of their life. But after that initial fear, anger, and pain subside, some people may choose to hire a personal injury attorney to represent them in their case.
Unfortunately for some individuals, many of these attorneys won’t accept cases because of what they perceive as the potential risks involved with claiming damages. Here are common reasons why a personal injury attorney won’t accept your case:
Statute of Limitation (SOL) Has Expired
A statute of limitation is a legal rule that sets a maximum time frame in which an injured person may commence a legal action in civil court for damages due to negligence. Statutes of limitations exist to ensure that evidence and testimony are not lost or diminished by the passage of time. A statute of limitation is legal protection against stale claims.
It also protects businesses from taking unnecessary risks of being sued or forced to pay a huge amount of money in an unmeritorious case. Therefore, SOLs are usually three years for injuries caused by negligence and up to ten years for injuries caused by intentional acts. There isn’t a lot that your attorney can do when the statute of limitations has expired.
In the United States, most jurisdictions have either a statute of limitation that reflects a period of years from an incident or a “discovery rule.” The discovery rule reflects a period of time from when the plaintiff knew or should have known that they were injured.
Conflict of Interest
Under the concept of a fiduciary relationship, attorneys have a duty to their clients to act in their best interests. This means that attorneys cannot take any action they know would harm their clients or deprive quality legal representation. In general, fiduciaries owe a duty of care to their clients or beneficiaries greater than that owed to ordinary third parties not involved in the relationship. For instance, an attorney must take reasonable steps to protect his or her client’s interests from improper interference. There are different ways in which a conflict of interest could come about in a personal injury case.
An attorney you intend to hire could represent the company that owns the truck that caused the accident. This is a clear conflict of interest as that attorney can’t represent both parties in such a case.
Lack of Damages
Contrary to popular misconceptions, many people believe that the plaintiff may not receive any damages if they prevail in their personal injury case. The reasoning behind this belief is because it is often difficult to prove how much money or other damages a person has actually lost due to their injury.
To file a claim, it’s imperative to prove that the injuries sustained resulted from the accident. There are situations where the damages are not significant that would warrant the attorney to take up the case.
The law of liability is a complicated doctrine that has a significant bearing on society. Liability is the obligation to perform an act (duty) or pay for damages caused by one’s act or omission (wrong). The ultimate question is whether someone will be held liable for injury or damage caused by their own wrongful conduct.
For a personal injury claim to be successful, the victim must prove that they are owed damages. However, it is not enough to assume responsibility for your own actions. If you are injured due to someone else’s negligence, you will need to have documentation that proves this claim. It’s the work of an attorney to gather evidence to prove liability. An attorney could refuse to take a case when there isn’t enough evidence to support the claim.
Personal Injury Cases in New York
In the State of New York, a personal injury case refers to any type of claim made by an individual who has been injured or sustained damage due to the negligence, carelessness, or recklessness of another. This legal term also encompasses accidents that occurred on public premises. Personal injury lawyers play key roles in most personal injury cases. They are usually at the forefront of legal affairs on such claims. They help their client with questions about their case and define their rights as plaintiffs.
An experienced lawyer can guide you through the medical and financial aspects of an injury case, as well as any legal proceedings that may arise. An attorney is also the best person to help build your case, which you would use for seeking compensatory damages. An attorney’s main goal is to build a strong case, which means keeping you informed throughout the process.
In a personal injury case, you are not your own advocate. Your health and well-being are in the hands of an experienced attorney who will do everything possible to get the best chance at maximum compensation. The injury may be physical, but the emotional impact can be just as devastating.
An experienced personal injury attorney will be able to discuss the facts of your case, the legal process and give you an honest assessment of your chances of success. This way, you are fully informed on what can be expected from your future case. To learn more about personal injury law and how an attorney can help, check out https://lawofficesofmitchellozeri.com/
Ozeri Law Firm Injury & Accident Lawyers
1 Hillel Place Brooklyn NY 11210