When filing a personal injury claim in Atlanta, you will typically need the assistance of a good Atlanta car accident lawyer. Most lawyers who take on personal injury cases work on a contingency basis – which means that you pay the attorney only once your claim is successful. This is precisely why lawyers may carefully choose the car crash cases that they accept.
As a claimant, you will naturally want to evaluate a lawyer before you choose him or her. Likewise, the lawyer will evaluate the merits of your case and see if your case is likely to succeed. Even if it has good chances of success, the lawyer may consider other factors before accepting the case.
When you are in the process of filing a car crash claim in Atlanta, GA, the attorneys you seek may turn down your case for the following reasons.
No Clear Liable Party
Liability is a key part of any personal injury case. Any claim for compensatory damages that you file rests upon the notion of liability. After all, you intend to seek damages from the liable party. When a car crash claim has no clearly liable party, an attorney may shy away from taking up the case.
For instance, you hit a pothole and suffered a crash. Now, it’s not clear who is liable for the lack of maintenance of the road where the incident occurred. And it appears that determining the liable party may take some argumentation. This is where the lawyer you approach may not show a lot of interest.
Limited Amount of Damages
In contingency fee arrangements, an attorney will typically ask you to pay a percentage of the damages as the legal fees. This is a beneficial arrangement as you don’t have to pay upfront or at all if the claim fails. The downside is that an attorney will not want to accept a claim where the amount of damages is rather small. If your claim is likely going to recover $2,000 in damages, for instance, and if you have agreed to a contingency arrangement of 30%, the lawyer will get only $600. Many lawyers will think that this is not worth their while.
Significant Case Expenses
As mentioned above, you don’t pay anything upfront in a contingency fee arrangement. Often, this means that the lawyer has to bear the out-of-pocket expenses involved with the case. When a case is likely to continue for a long time or if unusual circumstances dictate a lot of research and paperwork, the out-of-pocket expenses can quickly pile up. This may deter attorneys from accepting a case like this.
Expired Statute of Limitations
Georgia has a statute of limitations of two years. This means that all personal injury claims filed in Georgia, including car crash claims in Atlanta, must be filed within two years from the date of the incident of injury. If two years have already elapsed and you want to file a claim now, the attorneys you approach will most certainly reject your case. There may be some rare exceptions if your case has unusual circumstances that can be used to argue for a more relaxed statute.
No Quick Resolution Likely
In car crash cases that are unusually complex, it may take a long time for the claim to be resolved. Even if your claim has a good chance of success but a final decision is not likely anytime soon, lawyers may lose interest in the case.
Uninsured or Underinsured Driver
Georgia is a fault state, which means that the insurer of the liable driver must pay for your crash-related damages. This is not possible when the other driver is uninsured or underinsured. When an attorney learns that the liable party is not sufficiently insured, they may not take the effort of pursuing the claim.
Why Hire an Atlanta Car Crash Attorney?
Despite the many reasons why an attorney may turn down your car accident case, most claims are taken on by lawyers willing to fight for your rights. This is true of our firm as well. Here at Ted A. Greve & Associates, our Atlanta car crash lawyers are often willing to go the extra mile for our clients. This means we may take on your personal injury cases even when others do not. We also strive to get you the payout you fairly deserve, without letting an insurer underpay you. Reach out to us today to discuss your car crash case with our experienced lawyers today.
