Accidents and misfortune happen all the time to one degree or another. Everyone will experience some kind of mishap at some point, though the seriousness and implications can vary tremendously. If you are injured in an accident, the consequences can be severe. Physical, emotional, and financial problems can arise. Thankfully, your insurance provider – be it health insurance or car insurance – can help cover many costs. Still, if you believe your accident is due to someone else’s negligence, you may wish to file a personal injury lawsuit. Legal action can hold the responsible party accountable and help you receive more compensation for your injuries and damages.
However, there is no guarantee that you will win your case and receive a settlement. You might not even be able to convince a lawyer to take your case. Getting legal help and recovering damages from your claims depends on various factors. Some injury cases do not turn out the way plaintiffs wanted. Thus, getting to the bottom of personal injury case rejections is important if you consider speaking to a lawyer and filing a lawsuit.
Common Injury Cases
Injuries can happen to people of all ages and all walks of life. Furthermore, they can occur in various ways, in many settings, and from myriad causes. Among the most common are car accidents, where driver error, recklessness, driving under the influence, or distracted driving can lead to crashes. Injuries can range from minor to catastrophic and everywhere in between. Workplace injuries, especially those in jobs where people use machinery, chemicals, or heavy equipment, are also common. Others that lawyers tend to see include slip and falls, medical malpractice, and wrongful death.
The Statute of Limitations Has Passed
The concept of statute of limitations is critical in the legal world. Specific time frames exist to prevent people from suing or being prosecuted long after the incident in question has occurred. Statutes of limitations differ from incident to incident and state to state. When it comes to personal injury lawsuits in Florida, a person generally has four years to sue another party for damages. This is four years from the time of the injury, after which the individual will not be able to sue. So, if you are injured in a car accident on January 5, 2023, you have until January 4, 2027, to file a lawsuit.
There are exceptions to this rule, however. For example, if your injuries incapacitate you and you’re unable to pursue legal action, the statute of limitations will extend to seven years. Victims under the age of 18 also get seven years to file. Some injuries have shorter time frames. If you claim medical malpractice or wrongful death, the statute of limitations is two years from the incident.
Your Injuries Were Minor
If you claim damages for injuries and seek compensation, the court will look closely at a few elements of your case. First, the court will look at how you suffered your injuries. Another consideration will be the nature and extent of your injuries. If you show that your injuries require considerable medical treatment and a lengthy recovery, you may have a good chance of winning your case. A typical reason for a rejected claim is when the injuries are not serious enough to warrant a lawsuit. For instance, if you are hurt in a slip-and-fall accident on city property, but your injuries are limited to a few scrapes and bruises, it’s unlikely that you will incur many (or any) medical costs.
Nevertheless, it’s important to seek medical attention right away after any accident. Even if you don’t think you’re hurt, see a doctor. Some injuries don’t show up for a few days or even weeks after the accident. When you get medical treatment, make sure you document your visits and care so you can use these in your personal injury case. Your lawyer will review these records and may interview the doctor and other medical professionals who cared for you.
You’ve Talked to Numerous Lawyers About Your Case
Many personal injury lawyers offer free consultations for potential clients. These visits give accident victims a chance to determine which lawyer is the best fit for their needs and case. It’s also informative, as you can decide whether you have a valid case and whether it’s worth going forward with a lawsuit. It’s wise to explore a few different options and get a sense of the lawyer most qualified to take your case or most interested in representing you. In fact, it’s often effective not to go with the first lawyer you speak with.
On the other hand, be cautious to avoid over-shopping for legal services. This can be a sign to a lawyer that you haven’t liked what you’ve heard and are waiting to find someone who will tell you what you want to hear. A lawyer may not even take your case after finding out you have consulted with numerous other attorneys.
The Other Party’s Negligence Is in Question, or You Are at Fault
Some accidents are not cut-and-dried cases of who is at fault. While blame is sometimes obvious, at other times, it can be difficult to prove that another person caused your injuries. To prove your personal injury claim, you must demonstrate that someone else acted with negligence. If another party did not act with the level of care that a reasonable person should have exercised, then that individual may be negligent and held liable for injuries suffered. Unfortunately, for some plaintiffs, negligence was absent on the part of the other party. When this is true, the plaintiff is not likely to receive compensation.
A personal injury lawsuit settlement can supplement insurance payouts or help you recover damages if the insurance denies your claim. Not every case is successful, however. Lawyers pass on clients’ cases, and some lose in court because a person’s claims lack merit. Understanding these factors can help you decide whether you can win your personal injury case.