Why Won’t a Personal Injury Attorney Take My Case?
Brian White | May 1, 2018 | legal professional
Attorney Brian White has aggressively pursued compensation for accident victims for over a decade. Every client who calls his office receives a return phone call from him within 24 hours. He has committed himself to making the Houston area better by helping those injured by other’s negligence.
CNN has reported on the difficulties many people have finding lawyers to represent them, especially in medical malpractice cases. While Brian White may not be able to represent every injury victim, he often takes cases other lawyers find too complicated to attempt on their own. However, there are some good reasons a personal injury attorney might have for refusing to take a case.
Reason 1 – No Injury Occurred
Bad things almost happen to people on a regular basis. A defective blender might break, sending dangerous shards inches from your head, but you escaped injury and the store offered you an exchange. A car merged into your lane causing you to swerve onto the shoulder, narrowly avoiding a serious accident. A pharmacist handed you the wrong prescription, which would have seriously harmed you if you hadn’t caught the mistake before taking the medication. In cases like these, you can receive no compensation for injuries, because you sustained no actual injury. Since there is no claim to make, no injury attorney will take your case.
Reason 2 – You Are Primarily at Fault
Texas law operates under what is known as a modified comparative negligence rule. This means that even if you were partly at fault in the accident that caused your injury, you may still seek compensation, albeit reduced by the amount you were at fault. However, if you are more than 50% at fault in an accident, you cannot recover any compensation for your injury. If you run a red light and hit a vehicle whose distracted driver did not see you coming, the insurance company and the courts may find you were more than 50% at fault in the accident, and so cannot seek compensation for your injuries. In such cases, a personal injury attorney would not take your case.
Reason 3 – You Waited Too Long to Pursue a Claim
In most personal injury cases in Texas, the law allows you only two years from the date of injury to file a claim for compensation. The courts will completely dismiss claims filed after that time, even if you would otherwise merit compensation for your injuries. Some of the most heartbreaking cases Brian White turns down involve people who could have received compensation for their injuries if they had only come to him sooner.
Reason 4 – Your Case Is Outside the Attorney’s Expertise
Attorney Brian White only handles personal injury cases. If you have a contract dispute with someone or a real estate claim against your neighbor, a personal injury attorney will not be able to assist you. If your claim does not involve a personal injury, a personal injury attorney will reject your case.
Reason 5 – Legal Costs
Pursuing a legal case costs money. Brian White operates on a contingency basis, meaning injury victims pay no fees upfront, and only a percentage of what they win in legal fees at the end of the case. Meanwhile, the attorney must seek expert testimony in many cases, pay for depositions of key witnesses, pay court costs and filing fees, and many other expenses the client never sees. In some cases, the injury claim is so small that the costs of pursuing the claim would outweigh the claim itself. In these cases, a personal injury attorney may turn down your case.
Call Brian White Today
Don’t let fear of having your case turned down stop you from pursuing justice. Call Houston personal injury attorney, Brian White, today at 713-224-4878 for a free consultation. He will give you an honest assessment of your case and help you understand the options available to you.