Reasons A Personal Injury Attorney May Decline Your Case
If you suffered injuries in a South Carolina accident, you are likely considering filing a personal injury claim if it was someone else’s fault. When considering filing an injury claim, it is best to consult an attorney. However, after consulting an attorney, they may refuse to take on your case. If you have started consulting personal injury lawyers to take on your case, and several of them are turning down your case, you may wonder why that is happening.
So, why would a lawyer refuse to take on a personal injury case? There are several reasons why a lawyer may refuse to take on a personal injury case. The following are some of these reasons:
The Case Is Outside the Lawyer’s Practice Area
If your case involves an area where the lawyer lacks skills or knowledge, the attorney cannot take on your case. If a lawyer lacks the skills or expertise to handle your case, it is a good thing if they refuse to take on your case. If an attorney who lacks the skills or knowledge to handle your case accepts to represent you, it could jeopardize the outcome of your case.
There Is a Conflict of Interest
Attorneys have an obligation to protect their clients’ best interests. So a personal injury attorney cannot take on your case if doing so would create a conflict of interest. For example, if you were injured in an auto accident and the attorney you wish to hire represents the driver who hit you, the attorney cannot accept your case. It would not serve your best interest for the attorney to take on your case.
You Missed the Deadline for Filing Your Case
In South Carolina, you have a limited period of time to file a personal injury claim. The statute of limitations for most SC personal injury claims is three years from the date of the injury. An attorney may refuse to take on your case if three years have passed since you suffered your injury. A personal injury lawyer may also refuse to take on your case if the statute of limitations clock is almost expiring. That is why it is always a good idea to consult a personal injury attorney immediately after an accident.
There Is Not Enough Damages Involved
Most personal injury lawyers work on what is known as a contingency fee basis. This means most personal injury attorneys receive a percentage of the total settlement or verdict. For this reason, if the amount of damages an attorney expects to recover in a case is low, the attorney may refuse to take the case.
You Were Largely to Blame for the Accident
In South Carolina, you can recover compensation in a personal injury claim even if you are partly to blame for your accident. However, in South Carolina, you cannot recover compensation in a personal injury claim if you are 51% or more to blame for your accident. This is because SC is a modified comparative negligence state. So a personal injury lawyer may refuse to take on your case if you are more than 50% to blame for your accident.
Contact the Gus Anastopoulo Law Firm
If you need legal help from a South Carolina personal injury lawyer, contact our Charleston personal injury lawyer at the Gus Anastopoulo Law Firm.
Source:
law.cornell.edu/wex/contingency_fee
