You’ve been interviewing different bicycle accident attorneys near you but none of them seems to want to take your case. This can be very disheartening especially if you need help with your bicycle accident claim. Personal injury lawyers typically don’t turn down a case without a valid reason. Sometimes a bicycle accident lawyer may turn down your case for your own good. An experienced New Bedford bicycle accident lawyer will decline your case if they believe it will be a waste of both your time and theirs. Below are some reasons why your lawyer rejected your case:
Your Injuries Were not Serious
The first thing you need to prove in a bicycle accident claim is the severity of your injuries. You have to show that you suffered significant damages so as to make the effort and time of pursuing a claim worth it.
For instance, your injuries should be serious enough to:
- Cause you to take time off work,
- Cause permanent damage or significant scarring or
- Make you change your career.
Scraping your knee after falling off your bike and filing a bicycle accident lawsuit on principle wouldn’t give you much merit in court. A bicycle injury lawsuit is a useful tool for recovering compensation and financial losses suffered as a result of someone else’s negligence.
If your injuries are not severe, the party at fault will likely file for a dismissal of the case and if successful, you would have wasted everyone’s time. An experienced bicycle accident lawyer in New Bedford will avoid all that hassle by carefully analyzing your claim to determine whether you have a claim or not.
Liability Cannot be Established
A New Bedford bicycle accident lawyer has to prove four main elements in order to establish liability and they include:
Duty of care: the party at fault had a legal duty to take reasonable steps to ensure they avoid dangerous situations.
They breached this duty of care: The defendant’s actions or inactions breached their duty of care.
Causation: As a result of their breach of duty, they caused you significant harm that any reasonable person would have avoided.
Damages: You have injuries or suffered financial losses as a result of the accident.
For example, let’s say you and a driver are approaching an intersection from opposite directions, and the driver turns left, colliding with you. This typically happens because the driver misjudged a cyclist’s speed or did not see them. Your New Bedford bicycle accident lawyer will be able to prove liability in this case because, in similar situations, it’s usually the driver’s fault. However, if both of you violated the right-of-way rules, it may be hard to prove the driver breached their duty of care.
Other Bicycle Accident Lawyers in New Bedford Aren’t Willing to Take Your Case
If you tell a potential lawyer that other lawyers weren’t willing to take your case, then they might pause to listen to you extra carefully. If another New Bedford bicycle accident lawyer has analyzed your case and saw it fit not to take it, this usually raises a red flag for any legal professional you consult with.
This, however, is not to say that your case isn’t viable. Another lawyer might turn down your case because they feel they are not competent enough to handle your case or you just didn’t get along.
What Should You Do if a New Bedford Bicycle Accident Lawyer Rejects Your Case?
If you have been involved in a bicycle accident and have sought the help of a lawyer, it can be disappointing to hear that your case has been rejected. However, rejection by one lawyer does not necessarily mean that your case is not valid. It is important to understand the reasons for the rejection and take appropriate steps to pursue your claim. Here are some tips on what to do if a bicycle accident lawyer rejects your case.
- Ask for an explanation: Request an explanation from the lawyer on why they rejected your case. This can help you understand the lawyer’s perspective and identify any weaknesses in your case.
- Seek a second opinion: Consult with another bicycle accident lawyer for a second opinion on your case. The second lawyer may have a different perspective or approach that can help you in pursuing your case.
- Review the facts of your case: Evaluate the facts of your case to determine if there are any gaps in the evidence or areas that need further investigation. This can help you identify potential weaknesses in your case and take steps to address them.
- Consider alternative dispute resolution: If your case cannot be resolved through traditional litigation, consider alternative dispute resolution methods such as mediation or arbitration. This can help you reach a resolution without the need for a trial.
- Don’t give up: Remember that the rejection of your case by one New Bedford bicycle accident lawyer does not mean that you cannot pursue your claim. Keep searching for a lawyer who is willing to take on your case and fight for your rights.
