Red Flags when it comes to Florida Personal Injury Cases
Probably you took advantage of a law firm’s offer of discounted or free consultation about your personal injury case. You believed everything would go as planned; you met a good lawyer who confidently listened to your case. But at the end of the consultation period, the lawyer gently explained that they couldn’t take on your case. That’s frustrating, right?
Why would an attorney reject your cases? According to Dolan Dobrinsky Rosenblum, LLP, a famous law firm in Florida, here are some of the things that most personal injury lawyers might consider to be red flags in a case and decide to decline it.
1. Lack of serious injuries or property damage
No one wishes that you lost a limb or suffered severe injuries. However, the truth is that you and your attorney must prove beyond any reasonable doubt that you suffered significant damages from the auto crash or any other accident. This is a necessity for anyone intending to pursue a personal injury claim.
The injuries that make a case worth filing may include ongoing physical injuries, inability to continue with your family duties, the need to change your career or job due to the injuries you sustained, and more. If you didn’t suffer significant injuries, the chances are that the defendant will file a motion to get your case dismissed. If this motion succeeds, you and your lawyer will have wasted time and other resources for nothing.
2. It is not clear who is liable
Well, you got hurt. But there is no obvious individual or company that caused you those injuries intentionally or through negligence. Unless you know an entity to go after for your injuries, you don’t have a valid claim. Remember, your attorney must prove that the defendant owed you a duty of care, this duty was breached, and the breach resulted in significant monetary damages.
Even if you decide to file a lawsuit, unless you can prove these elements, the chances are that you will lose the case. No attorney wants to waste their time and effort.
3. Probably you are to blame
Florida State has comparative negligence laws. That means the blame for an auto accident or any other accident is partially assigned to all the parties involved. If you got hurt, but you failed to exercise reasonable care, the chances are that you will be held responsible for the same accident in which you were hurt.
According to the Florida State law, you can pursue a personal injury claim even if you were 80% responsible for the accident and successfully recover damages for the remaining 20%. Sometimes, an attorney might feel that you will not recover significant damages to make your case worthwhile.
4. You said that you approached other attorneys
If other attorneys were not willing to take your case, that might make an experienced lawyer to listen to your case details carefully. In some situations, the fit between a client and lawyer isn’t fit, or the lawyer simply didn’t feel confident and competent enough to take on the case. However, if another lawyer vetted the case and turned it down, that could make another lawyer raise eyebrows.