Why Is Every Lawyer Rejecting My Case?
You had a car accident and you’ve called
every Queens car accident attorney,
every Brooklyn car accident attorney and every attorney in Manhattan, The Bronx
and Staten Island and they’ve all told you to get lost. You don’t understand - you were injured, and
it wasn’t your fault, so you’re wondering, “Why is every lawyer rejecting my
case.?” Accident attorneys work on a
contingency fee, meaning that they only get paid if they are successful. They
don’t want cases that are likely losers, so it’s important to understand what
might make your case a loser.
Do You Have A Serious Injury?
New York is a “no-fault” state. This means that vehicle owners are required
to carry insurance that provides for “first-party” benefits such as medical
bills and lost earnings up to $50,000.
It also means that an action to collect additional money for pain and
suffering, future lost earnings and other claims against the responsible party
are prohibited unless you sustain a “serious injury” as required by law. A Judge can dismiss a case that does not meet
the serious injury threshold, and knowing this insurance companies will not
offer money to settle, and if they do, it’s called “nuisance value.” That said, many attorneys will take a simple
auto accident case with “soft-tissue” injuries because sometimes these injuries
will require surgery down the road, rendering them serious enough to meet the
standard. If a case is complicated, or
it’s against a particularly terrible insurance company, or, even worse, a
municipality such as The City of New York, The Transit Authority or The Port
Authority they will not want the case because these companies and entities never
pay “nuisance value,” and will require a great deal of time and money to
litigate against. So lawyers that
advertise that they will handle cases with “soft-tissue injuries” are unlikely
to take this type of case if it involves a difficult insurance company or a
municipality.
Understanding Contingency Fees
Remember that you are expecting the Queens car
accident attorney you are calling to accept your case on a contingency
fee. This means that you are paying
nothing up front for their services, so they must determine whether your case
is a worthwhile investment. If a case
cannot be easily settled, it might require years of work and a substantial
investment of capital for court fees, deposition transcripts, interpreters,
expert witness, accident reconstructionists, etc. So, if your injuries are not serious, an
attorney might take your case on contingency if it’s not too complicated
because if the case is dismissed or settled for a small amount, it is less
likely that a great deal of time and money was invested. If your injuries are minor and your case is
complicated, it’s unlikely that any reputable, experienced attorney will take
the case. Beware of personal injury
attorneys that offer to take your case on an hourly fee basis! If they consider your case a bad investment,
so should you! When you pay an attorney
with an hourly fee, the bill can skyrocket to tens of thousands of dollars
before you know - and they will drop your case if you run out of money to pay
them!
Trust the Opinion of a Reputable Attorney
After you’ve called several Queens Accident
attorneys and a couple of Brooklyn accident attorneys and none of them will
take your case, the best course would be to seriously consider that your case
is not viable. It’s frustrating to
accept this when you’ve been harmed, and it’s not your fault, but if your case
does not meet the legal standards or is more expensive to prosecute than what
is likely to be collected, it’s wise to know when to stop wasting your
time. Wittenstein & Wittenstein has
been helping injured people for more than 60 years. One call to us and you will know whether or
not your case has merit. For a free
consultation, call 718-261-8814 - you’ll be glad you did.
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