If you have been injured in a car accident, you may seek compensatory damages. To seek damages, you file a claim against the at-fault party. At this stage, you typically need the assistance of a car accident lawyer in Birmingham. Such a lawyer can help you bring together the evidence, testimony and other materials needed to support your claim. Without hiring a qualified attorney, your chances of getting compensation in a car or motorcycle accident claim are usually slim. That being said, attorneys may not take up every car accident case. There many reasons why a lawyer may not accept a car accident claim.
Your case stands a chance if it meets certain requirements. If it doesn’t meet these requirements, a lawyer may choose not to take your case. Following are some key reasons why lawyers may not take up a car accident case.
Your Injuries Are Minor
A car accident claim is meant to recover compensatory damages for your injuries and losses. If your injuries are minor, you may qualify for a very small amount of damages. A defendant may even file to have your claim dismissed entirely on account of the negligible injuries. If that succeeds, the entire time and effort put into your case by an attorney goes to waste. This is one of the main reasons why a lawyer may not accept a car accident claim, foreseeing little or no damages.
You Are Also Responsible for the Accident
In personal injury cases, the state of Alabama follows the pure contributory negligence law. This law stipulates that if you are partially responsible for your injuries in an accident, you can’t recover any damages. Many states follow a comparative negligence rule, which lets you recover some amount of compensation if you have a smaller percentage of fault. But in the state of Alabama, you are barred from recovering any damages if you are found negligent at all. For this reason, Birmingham car accident attorneys may not take your case if you are partly responsible for the accident that caused your injuries.
The Statute of Limitations Has expired
Alabama has a two-year statute of limitations for filing personal injury claims. This means that you must file a personal injury claim within two years of the injury or accident. If this time period expires, you are no longer entitled to compensatory damages. If the statute of limitations has expired on your car or motorcycle accident, a lawyer may turn down your case. This is simply because there is no use pursuing damages once the statute has expired.
The Case Is Too Complex
In some car accident cases, the facts are very clear. This makes it easier for an attorney to determine the at-fault party and pursue damages on your behalf. However, there are other cases where multiple parties are involved or the fault isn’t clear. Many lawyers may choose not to take up such complex cases. This is simply because they might think that taking up such a case would be a waste of time and effort.
The Case Is Likely to Prove Expensive for the Attorney
Most attorneys take up personal injury cases on a contingency basis. In such an arrangement, you don’t have to pay anything until you claim is accepted and you receive damages. In many cases, an attorney will agree to deal with all the interim costs of the case until you get damages and pay the lawyer. However, if it looks like that your case is going to incur a lot of interim costs, a lawyer may refuse to front the costs. In such a case, it may still be possible for you to get an attorney if you agree to pay the administrative expenses.
It’s Not Clear Who Caused Your Injury
In order to seek compensation for a car accident injury, you must be able to show the negligence of another party. Negligence is when another party owed you a duty of care and then breached that duty, directly causing your injury. If you can’t demonstrate any part of this, you may not qualify for damages. A lawyer will look at your case to see who is at fault and if the at-fault party directly caused your injury. If the fault isn’t clear or the causation can’t be established, the lawyer may refuse to take your case.
Finding a Birmingham Car Accident Attorney
If you have been hurt in a car accident in Birmingham AL, you may qualify for compensatory damages. Many Birmingham car accident lawyers may refuse your case if you have a complex case. However, here at Hare, Wynn, Newell & Newton LLP, we offer you a FREE consultation with our attorneys. In this free session, you can discuss the details of your case with our lawyers. Simply give us a call and book your session today. If we decide to take up your case, our attorneys will do their best to seek the maximize payout for your injuries.
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