A spinal cord injury can be devastating. Being a victim of such an injury can make you question a lot of things including how you will be able to complete your everyday tasks or whether you will be able to go back to work. Looking for a New Bedford spinal cord injury attorney can be a daunting process. It takes time so being turned away by an attorney can be frustrating if not discouraging. However, there are plenty of reasons as to why a spinal cord injury attorney might refuse to take your case. Below are some of the reasons why:
Why a New Bedford Spinal Cord Injury Attorney Refused to Take Your Case
Not Enough Experience
Like medical malpractice cases, spinal cord injury cases are very complicated and one of the most challenging cases to take on. The attorney will have to go through several documents including claims of unsafe working conditions at your work place, medical malpractice against doctors or the defendant being guilty of your injuries in an accident.
After combing through all those documents, your attorney needs to determine whom exactly is responsible for your accident and what kind of damages you are entitled to. They will also have to review your insurance policy as well as that of the defendant to determine whether they are able to pay a judgment. They will also have to hire medical experts who will be able to determine how much you are entitled to concerning lifetime medical expenses.
If your attorney knows that they are inexperienced, they will not take your case because they will feel like they will not be able to properly assess your case. We’ve seen several cases where spinal cord injury victims were told by their attorneys that their cases had no merit when in fact, they did. This is because the attorney’s inexperience made them conclude that the case wasn’t solid enough. If an attorney turns down your case, don’t give up; instead, find another one.
The Value of Your Case is Too Low
Taking a spinal cord injury case to trial is expensive. An attorney is least likely to take your case if the value of your case is a few thousand dollars or if the defendant’s policy limits cannot fully compensate you. Remember that personal injury attorneys are paid on a contingency basis. Therefore, the lower the recovery amount, the lower their attorney fee will be.
However, just because ne attorney told you that your case isn’t worth much, doesn’t mean that it will be the same for all other attorneys. It all boils down to experience and how well the attorney is able to assess your case. So if the first attorney rejects your case because it has a low value, it wouldn’t hurt to seek a second opinion.
The Cost of Litigation is Too High
If the cost of taking your case to trial exceeds the value of your case, the attorney might not want to take your case. If your case involves many expert witnesses, travel time, medical details, etc. but the value of your case is limited, your attorney might turn your case down.
Challenging Legal Hurdles
Legal precedent on significant issues like liability and jurisdiction can also determine whether your case actually makes it to trial. Your attorney will have to go through recent legal decisions to determine whether they affect your case. Even if your case seems straightforward, a recent opinion may diminish your chances of recovering damages. If an attorney tells you that legal issues preclude bringing a claim, you should consider seeing a second opinion.
If your case has already passed the statute of limitations, there would be no point in the attorney taking the case because it would be thrown out of court anyway. In addition, if you are close to the statute of limitations, your attorney might decline to take your case because of the little amount of time they will have to research and put together information necessary to file a successful claim. It’s always important to consult with an attorney as soon as you discover you have a spinal cord injury to avoid not being able to recover damages.
Get a Second Opinion
If you have been turned away by a New Bedford spinal cord injury attorney, you should always seek out a second opinion. At Kevin P Landry Law Offices, we offer free initial consultations to all potential personal injury clients. Contact us today at 508-999-0800 or visit our New Bedford offices today. We can also come to wherever you are upon request.