You suffered an injury. You made an appointment with a personal injury lawyer. You had all your information and paperwork ready on the day of your meeting. Then, the accident attorney hears you out and decides not to take your case. You are angry, and you feel victimized all over again. Why would the injury lawyer not help you? After all, you have seen the commercials, the articles online, and the advertisements. They all say you are entitled to justice. So, why will no-one accept your personal injury case? If you have been denied by multiple personal injury lawyers, it may be time to take a good look at why.
Negligence is different from “blame.” Depending on the type of case, the accident attorney understands that it is not enough that you believe the other party is to blame. In fact, it is not even enough to prove that someone did something wrong. You have to prove a number of legal elements in order to succeed. If the lawyer feels a technical element is missing, he or she is not going to take on the expense of litigation. Remember that personal injury lawyers only get paid if they win.
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No matter how serious your personal injury, if the responsible party is impoverished and uninsured, there is little to no economic value in suing them. These people are known as “judgment proof,” because even if you got a $1 million award, you might not legally be able to collect it. You could embarrass them, maybe hurt their credit, and maybe someday get a little money from wage garnishments, but lawyers do not take cases out of spite. They take cases for which they have a chance of helping you collect compensation to improve your life.
Severity of Damages
It really does not matter how bad the other party acted, if the injuries are not there, then there is no case. A lot of people want to sue their doctors over a minor injury, not because the injuries were painful or severe, but because the doctors lacked basic social skills and were rude or treated them with disrespect. Unfortunately, there is no chance of recovering compensation for this. If you are not hurt, you do not need a personal injury lawyer.
Lack of Evidence
If you claim you were struck by a hit and run vehicle, but there is no evidence of the accident, chances are you will not have a case. Likewise, claiming you fell and broke your leg on a business’s property will only be successful if you have a witness, video, or some other clear evidence that you indeed were on the property when the injury occurred
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Statute of Limitations
New York law has strict time limits on bringing cases. These are non-negotiable. If you have waited too long and you show up at a lawyer’s office, he or she will not be able to help you. The best lawyer in the world will not be able to get a judge to let you file your case after the statute of limitations has expired.
Even if it is just close, many injury lawyers know that it takes a lot of time to prepare a case. If you call a personal injury lawyer days before the statute of limitations expires, do not be surprised if he or she is unable to help.
Call for a Long Island Personal Injury Attorney for a Second Opinion
Of course, you would not give up on medical care just because the first doctor tells you bad news. The same is true of personal injury attorneys. If your injury claim was denied or an accident lawyer chose not to take your case, call the Law Office of Cohen & Jaffe, LLP or visit us online today. We can offer a free consultation and review your case to help you better understand your rights. If we can not help, you owe us nothing. You have nothing to lose and everything to gain.