You may see various commercials and advertisements for personal injury lawyers that help injured victims file a claim to recover compensation. Too many car collisions, slip and falls, and other accidents have resulted in varying injuries for those involved. The CDC reported that 97.9 million emergency room visits occur yearly due to unintentional injuries, and over 200,000 fatalities are attributed to unintentional accidents.
While many people may suffer injuries in accidents, lawyers use a process to eliminate cases that may not lead to a successful injury claim or may not be worth an investment. Our board-certified personal injury lawyer at Baker Legal Team may evaluate your case and give sound legal advice.
Understanding Personal Injury Cases and What’s Necessary for a Claim
Different types of accidents lead to personal injury cases every year. When someone’s negligence causes injury to another, the law permits the injured to file a claim to pursue compensation for the injuries endured. However, the circumstances, degree of injury, Florida’s strict liability law, and other factors are used in determining the outcome of injury cases.
Types of accidents that may qualify for a legitimate Florida personal injury case include:
- Car collisions
- Slip and fall accidents
- Nursing home abuse and neglect
- Medical malpractice
- Traumatic brain injury
- Wrongful death
- Boating accidents
- Product liability
Personal injury cases take time, expenses, and resources to complete. Additionally, a few cases make it to a courtroom if escalated. At times, injured individuals may be able to handle a lawsuit in small claims court. Although, cases with more considerable damage need the skilled and experienced representation of an injury lawyer to best succeed. To determine if you have an actual personal injury claim or lawsuit, the wrongful or careless acts of the individual or parties responsible for your injuries need to be proven negligent.
If you are unsure whether your case qualifies for an injury claim, consulting with an experienced legal team may help you receive the legal advice you need. A personal injury lawyer helps clients throughout the entire process of an injury and lawsuit. From the discovery phase to reaching a verdict, a legal team provides the legal representation necessary for a successful outcome. Although many people can suffer serious injury from different accidents, some cases do not qualify for different reasons.
4 Reasons a Lawyer May Decline a Personal Injury Claim
If you have suffered injuries and challenges following an accident that was not your fault, you may be wondering if a skilled legal team may accept your case and help you pursue compensation. In some cases, varying circumstances cause lawyers to decline a case. Here are a few reasons a legal team may decline your injury case.
1. Statute of Limitations Limits Opportunity for a Claim
The first aspect of consideration for injury claims is the statute of limitations in Florida. An injured person may seek compensation by filing a claim within four years of an accident caused by another’s negligence. The timeframe to file a lawsuit for injuries begins from the date of the injury. Cases involving injuries and negligence are limited, so if the injuries occurred too long ago, the injured person wouldn’t have a chance to present a civil lawsuit.
2. The Cause of an Accident Does Not Prove Negligence or Liability
An essential part of personal injury cases is proving that the person responsible for causing another’s injuries is to blame because they breached their duty of care in some way. To hold someone responsible for your injuries, your lawyer will consider the cause and how the person or parties breached a duty of care in your accident. Suffering injuries alone does not qualify. If the cause cannot prove negligence, an attorney may advise against making a claim.
3. The Victim Suffered Non-severe Injuries or Inadequate Damages
When accidents occur, injuries may vary in severity. A lawyer may advise against filing an injury claim if someone sustains minor injuries and minor damages. Understandably, a lack of injuries and damages will lead to a case being dismissed or lacking foundation. Suppose your attorney determines that your case lacks proof of negligence, or the estimated damages are low. In that case, they may refuse your case because the financial recovery may be too small for the time and effort needed in an injury case.
4. The Negligent Party Lacks the Resources to Cover the Damages
Skilled attorneys can determine the outcome of personal injury cases. This can save you the trouble and expenses of having a claim dismissed. When the negligent party lacks the resources to pay a judgment due to being uninsured or underinsured, you may be unable to collect the damages owed. If a case is ruled in your favor, the negligent party is responsible for covering the amount, but if they lack the resources to pay, an attorney may decide that your case is not worth the time and legal resources.
Call Baker Legal Group to Schedule a Free Case Review With Our Trustworthy Personal Injury Attorney
Suffering injuries from a car collision, product malfunction, act of violence, medical malpractice, and other circumstances can cause challenges for those involved. Typically, severe injuries and accidents caused by the liable party’s negligence can be compensated by filing a personal injury claim. When minor injuries and inadequate damages occur, a lawyer may advise against filing a claim due to the lack of foundation for financial recovery.
It can be challenging to determine if your case is appropriately valued and if you have all the necessary components to qualify for a lawsuit. Our seasoned attorney at Baker Legal Team understands the laws and requirements for a successful injury case. To schedule a free case review with our trustworthy Florida personal injury lawyer, Robert Baker, complete a contact form or give us a call at (561) 320-0000.