If you are injured in an accident, you may believe you are entitled to compensation for your injuries and damages. Unfortunately, this is not always the case.
While most personal injury lawyers in St. Cloud provide clients free initial consultations, this does not mean they will take on your case. If this happens, you may wonder, “Why won’t an attorney take on my case?”
It’s important to understand that not all cases are suitable for legal representation, and there are various factors that a St. Cloud personal injury lawyer considers when deciding whether to take a case. Knowing why a personal injury lawyer may decline your case can be helpful as you navigate the claims process.
Understanding Personal Injury Law in St. Cloud, Minnesota
Personal injury law in St. Cloud is governed by the laws and statutes of the state of Minnesota. While seeking legal representation for a personal injury case in St. Cloud, Minnesota, it’s important to understand why a lawyer may decline to take on your case. Knowing what attorneys consider when deciding whether to accept a personal injury case will help you better understand why your case is turned down. Understanding these reasons can provide valuable insights and help manage expectations when seeking legal assistance.
Liability and Negligence
A personal injury lawyer will carefully evaluate the circumstances of your accident to determine who was at fault and whether negligence was involved. Liability is the foundation of every personal injury case. If a lawyer does not believe they can prove liability or fault on another party, then they will generally not take on your case. Minnesota follows a modified comparative fault rule, where the injured party’s compensation may be reduced if they are found partially responsible for the accident. If the injured party’s negligence is greater than the other party’s, however, the injured party cannot recovery any of their damages.
Statute of Limitations
Every state has specific statutes of limitations for bringing a personal injury claim. In St. Cloud, Minnesota, the statute of limitations for personal injury cases based on negligence is six years from the accident date. If the statute of limitations period has passed, your claim is forever barred. A personal injury attorney will decline your case if the statute of limitations period for you claim has passed.
In addition to proving fault or liability, a claimant must also prove that sustained damages. Generally, recoverable damages for personal injury claims included past and future medical expenses, wage loss, and pain and suffering. To have a viable case, you must be able to prove that you have sustained damages. If another person caused your accident, but you did not sustain any damages, there is nothing a personal injury lawyer will be able to do for you.
Personal injury lawyers typically work on a contingency fee basis, meaning they only get paid if they win your case and secure compensation. If the potential recovery is too small, it may not justify the time and resources required to pursue the case.
Conflicts of Interest
Personal injury lawyers have ethical obligations to avoid conflicts of interest in their representation. Conflicts of interest can arise in a variety of circumstances, the most common of which is a previous relationship with an adverse party. If they have previously represented the party you seek to sue or have a relationship that may compromise their ability to advocate effectively, they may decline your case.
Personal injury law firms have limited resources, and they must carefully select their cases to ensure they can provide each client with the necessary attention and resources. If a law firm is already overwhelmed with cases or doesn’t have the expertise in your specific type of personal injury, they may decline your case.
Understanding the Factors Influencing Case Acceptance by St. Cloud Personal Injury Lawyers
While it can be disheartening when a St. Cloud personal injury lawyer declines your case, it’s important to understand that there are various reasons why this may happen. Factors such as liability, damages, statute of limitations, conflicts of interest, and limited resources play a role in a lawyer’s decision to take on a personal injury case.
If you find yourself in this situation, it’s advisable to consult with multiple personal injury lawyers to get different perspectives on your case. Each lawyer may have a unique opinion and strategy, and another lawyer may be more willing to take on your case.
Remember, finding the right personal injury lawyer who has experience and expertise in handling cases similar to yours is crucial. They can guide you through the legal process, fight for your rights, and help you pursue the compensation you deserve.
At Nelson Personal Injury, LLC, our experienced St. Cloud personal injury lawyers are ready to help you with your claim. We can review the facts and determine if it is worth pursuing. Contact us today at (320) 216-7651 to schedule a free consultation.