If you’ve been hurt in an accident, you might think you’re entitled to compensation to cover the costs of your physical, financial, and emotional injuries. In most cases, you’d be right — but not always.
There are a number of factors that influence an injured person’s ability to seek financial compensation. It is possible that something about your situation will stop you from being able to receive a settlement.
If you suspect you have a valid personal injury case but can’t find a Houston personal injury lawyer to represent you, there’s probably a good reason for it.
Liability Is Unclear or Difficult to Prove
Just being hurt does not mean you are entitled to financial compensation. You would only have a case if someone else is responsible for your injuries. Before accepting a client, a personal injury lawyer has to determine is liable for the accident. This will impact the success of the case.
If an attorney discovers that the person who has been hurt shares a significant portion of blame for the accident, they will immediately recognize that the case won’t go anywhere. Under Texas’ modified comparative fault rule, you can’t sue for damages if you’re determined to be 51% or more at fault for your injuries.
Even if you believe you were not to blame for your injuries, this has to be proven by an attorney. If the lawyer thinks that it will be difficult to show that the other party was at fault, they may choose not to take the case to avoid wasting time and resources.
The amount of compensation you receive is also determined by the extent to which you are found liable. You’ll get much more money if the accident was indisputably someone else’s fault than if you’re at least somewhat to blame. The more unclear the situation, the more difficult it will be to get a personal injury attorney in Houston to take it on.
It’s Too Late to File a Suit
When it comes to personal injury cases, there is a statute of limitations that determines how long you have to file a claim. You normally have two years from the date of a personal injury to file a claim in Texas. It doesn’t matter if you tripped and fell, were in a car accident, were the victim of medical negligence, or were hit by a car. Regardless of the circumstances, the timeline to seek compensation for your injuries is getting shorter by the day. The accident is regarded as a thing of the past after the statute of limitations has passed. Even the most eager lawyer will be unable to help out.
Although you have two years to sue the at-fault party under the law, you should get started on your case much sooner. As soon as you receive medical treatment, one of the first things you should do after an accident is look for an attorney. Your lawyer will not only keep you from saying something you shouldn’t and jeopardize your ability to collect damages, but they will also make sure your case stays organized.
In order to build a case, you will need to supply a lot of information about the accident. If you wait too long, you can forget critical details or lose vital evidence.
Your Injuries Are Too Minor
The aim of a personal injury case is to obtain compensation for the losses incurred as a result of the accident. For that reason, the severity of your injuries is directly proportional to the amount of money that you can receive.
It is important to remember that damages aren’t just physical. You can also seek compensation for emotional suffering and other financial issues incurred as a result of the accident. These are also likely to be linked to the severity of your injuries.
In the event of a minor car crash, you will probably only need basic medical attention, experience minimal emotional discomfort, and have little to pay for a repair. In this case, you’ll likely get a small payoff.
Personal injury lawyers want to be sure that the money they’ll make it worth the amount of effort of everything they have to do. Minor injuries are unlikely to warrant a significant return for your attorney.
There’s Not Enough to Gain (Or Even Too Much to Lose)
Minor injuries are just one reason why a personal injury lawyer could be financially irresponsible in taking on a case. Attorneys can’t afford to waste time on a weak or unprofitable case when they could be working on a good or profitable one. This is just an economic reality.
Aside from assessing the severity of your damages, the attorney must also examine the amount of time the case will take, the likelihood of obtaining a successful recovery, and the additional costs associated with gathering evidence, such as deposing witnesses to obtain their testimony. If any of these indications indicate that the agreement will be a money loser rather than a moneymaker, the attorney will most likely decline to proceed.
Understand that most personal injury attorneys are paid on a contingency basis, which means that their payment is reliant on them successfully completing their work. To put it another way, they only get paid if you do. That said, an attorney stands to lose a lot if they take on a case where they haven’t assured a financial return because their efforts may go unrewarded.
Personal Injury Lawyers in Houston TX
West Loop Law and the Law Office of Nhan Nguyen, MD, JD can conduct an investigation into your accident and assist you in obtaining evidence to demonstrate the extent of your injuries. Your Houston car crash lawyer will set up appointments with claims adjusters and assist you at every level of your case in order to obtain the highest potential settlement amount, including gathering evidence to show that the other driver is responsible.
Nhan Nguyen, MD, JD and Nader Rabie, JD are here to help you make a complete recovery after a severe car accident.
Contact West Loop Law and the Law Office of Nhan Nguyen, MD, JD immediately at (713) 840-7200 to schedule a free, no-obligation consultation if you or a loved one has been unfairly injured in a traffic accident.
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