5 Reasons You Might Have A Difficult Time Winning A Personal Injury Case

Posted on: 29 December 2015

If you were left with injuries from a car accident and would like to sue the other party involved, it will require filing a personal injury lawsuit against the person. While you can do this alone, filing a lawsuit is always easier when you hire a lawyer to represent you. Having a lawyer may help you win; however, there are several common reasons people lose personal injury cases. Here are five of the reasons you might have a hard time winning your case.

The Statute Of Limitations Has Expired

Each state dictates its own guidelines for statutes of limitations, and a lawyer will not take your case if this time frame has passed. Statute of limitations refers to the amount of time a person has to file a lawsuit for injuries, and most states have guidelines between one to six years. If the person does not file the case in time, the person loses the right to sue, which automatically means forfeiting the chance of winning. Because of this, you should make sure you file the case before this time period has ended.

There Is Not Enough Evidence

Personal injury lawyers will also commonly turn down cases when there is not enough evidence present to win. Evidence, such as physical evidence and eyewitness testimony, in a car accident case is crucial. Without it, winning can be extremely difficult.  

There Are No Injuries Present

To win a car accident case, or any type of personal injury case, there must be proof of injuries. If you were not injured during the accident, you will not have the right to sue through a personal injury lawsuit. You may be entitled to compensation for damage to your vehicle, but you can only sue for injuries if they exist. Because of this, a personal injury lawyer will ask you what injuries you sustained from the accident, and he or she will want to see documentation that proves this. When you talk to an attorney, make sure you bring your medical records and bills to show proof of your injuries.

The Settlement Will Not Be Worth Enough

Most personal injury attorneys work on commission, and they call this a contingency fee. When a lawyer accepts a case that wins, the lawyer will get to keep a percentage of the settlement money. This rate is often equal to one-third of the settlement amount, but it could be more or less. If a lawyer reviews your case and feels that it could win, he or she will look at how much it could potentially be worth. If the estimated settlement amount is not very high, and if the case will require a lot of work, a lawyer might be hesitant in taking the case. This is not because it does not have a good chance of winning, but more so because the settlement amount might be relatively low.

The Chance Of Winning Is Slim

When you factor in all the reasons listed here, a lawyer will have to determine what the chances are of winning the case. If he or she feels the chances are slim, it might not make sense to file the case. In addition, a lawyer may hesitate in accepting the case because he or she will lose money if the case does not win. This is why personal injury attorneys carefully review cases before agreeing to accept them. They will look at all the factors listed here, and they will base their decision on those.

If you are not sure whether you have a good case or not, you should talk to a lawyer. Talking to a lawyer is the only way you will know if you have a good case on your hands, and this will help you determine how to handle it. To learn more, contact a personal injury lawyer in your city. 


Always Know Your Renter's Rights

After my mother suffered a fall on the icy steps of her apartment building, I learned a lot about renter's rights, and I want to share my story and tips to help others. My mother was extremely afraid to pursue action against the apartment owners who were at fault for her fall due to fear she would be kicked out of her apartment. I found out that there are state laws that protect apartment renters from retaliation for asserting their rights as renters. However, it is very important to have any attorney on your side when you pursue a personal injury lawsuit against an apartment owner; the owner is less likely to even try to illegally evict you if they know you have an attorney already on your side. I hope you can learn a lot from my story and the other tips I share on this blog!