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A Fort Myers personal injury attorney may decline your case due to a conflict of interest, lack of legal or practical viability, or insufficient resources to dedicate to your case. Or, your case may not be within the firm’s purview; some personal injury lawyers specialize in only a select few types of cases.
One lawyer’s refusal doesn’t mean your injury isn’t real. A free consultation is for both you and the lawyer to assess the case; don’t take one denial as a judgment on your claim’s validity.
What are the most common reasons a personal injury attorney denies a case?
Nearly all Florida personal injury attorneys work on a contingency basis, which means they only get paid if they win your case. The firm pays the costs of building the case, including booking expert witnesses and conducting investigations for evidence. Because contingency-fee firms invest significant time and money into each case, they may decline claims whose likely recovery doesn’t justify the expected litigation costs.
Other reasons that a lawyer refuses to handle your case include:
- Unclear liability; the lawyer may think you contributed most to the accident or that there isn’t enough evidence to prove fault
- The case value is low and may not be worth the time and resources for the firm
- You decided to take legal action after the statute of limitations had expired, and so you cannot legally file a claim
- The case is outside the firm’s specialty. Not every personal injury lawyer handles every type of injury case. For example, a truck accident firm may not take medical malpractice cases
- The firm’s caseload is full, and they lack time for your case
- There is a conflict of interest, such as the lawyer having a personal relationship with the defendant
Does a denial mean your case has no value?
No, a denial doesn’t mean your case lacks value. It could be strong but missing evidence. Bring medical records and bills from your post-accident treatment to help lawyers assess your case’s value and your injuries. Other information that can help a lawyer better assess your case’s viability can include police reports, incident reports, and a video or photos of the incident.
How does Florida’s statute of limitations affect whether a lawyer takes your case?
Not every “no” is a reflection of the viability of your case, but if you’re close to reaching Florida’s deadline for filing a claim (two years from the date of the incident), you need to act fast, or every consultation will end with “no.”
A court will likely dismiss a personal injury case that is filed after the statute of limitations has expired. The only exception would be if tolling applies. Tolling essentially stops the clock on the statute of limitations, and may be applicable if:
- The plaintiff is a minor
- The defendant cannot be located.
- The defendant conceals relevant facts of the case
- The plaintiff is legally incapacitated
Tolling doesn’t extend the statute of limitations; it just pauses the countdown. Once the tolling event has passed, such as the plaintiff turning 18, the statute of limitations countdown resumes.
What should you do if an attorney denies your case?
Ask why. Most law firms explain case denials. If they don’t handle your case type or lack resources, request a referral; this may mean you still have a chance.
Let Lytal, Reiter, Smith, Ivey & Fronrath review your case
If you’ve been hurt because someone else made negligent or reckless choices, contact Lytal, Reiter, Smith, Ivey, & Fronrath for a free consultation. Our firm has decades of combined legal talent and extensive resources for litigating personal injury claims. Call us at (561) 655-1990 today.