Did you try to hire an Avondale car accident lawyer to handle your compensation claim but they declined your case? Your priority should be to find out what their reasons were. Of course, some auto accident attorneys do not provide any explanations as to why they did decline a case. If that is your case, you have two options to uncover the truth:
- Consult another auto accident lawyer to get an answer
- See which of the potential decline reasons below matches your situation.
At Warnock MacKinlay Law, we believe our clients have the right to know the truth about their cases. That is why, when we decline a case, we always explain our decision. Here are the most common reasons why an experienced car accident lawyer may decline a case.
5 Common Reasons Why an Avondale Auto Accident Attorney Would Decline a Case
1. The Statutes of Limitations Expired and the Case Does Not Allow for Exceptions
Arizona Revised Statutes section 12-542 allows two years for car accident claims referring to injuries, wrongful death, or property damage. The period is measured from when the cause of action accrued, namely the accident date. There are only three situations when it is possible to seek compensation after this date:
- The damages were discovered only later. The two-year deadline starts running on the day of the discovery.
- The accident victim was a minor or was left disabled. The deadline starts running when they turn of age or recover from their disability.
- The defendant left the state before the compensation claim could be filed. The clock for the two-year deadline is paused while the defendant is out-of-state.
Any actions filed after the two-year deadline will be dismissed. Obviously, no car accident attorney will invest time and effort into a case they know they cannot win.
2. You Already Signed a Right Waiver or Accepted a Settlement
Sometimes, accident victims are tricked into signing right waivers or accepting detrimental settlements. By doing so, they give up the right to further claims or compensation. Did the insurance agent or car accident attorney of the party at fault make you sign various documents?
If they did, that is probably why the lawyer you consulted declined your case. You may have been promised a small amount to help you get by until you get the rest. Promises do not matter; the content of the document you signed prevails.
3. There Is Little or No Money in Your Case
Perhaps you incurred few and small losses or you shared fault for your accident. In this latter scenario, your compensation amount would be reduced according to your fault percentage. Avondale auto accident lawyers usually charge a percentage of the claim value. If they feel there is little or no money in a case, they will decline it.
4. The Defendant Cannot Pay the Compensation
Perhaps your have a rock-solid case worth a million dollars. If the defendant does not have the means to pay the compensation, any action against them will be pointless. When deciding whether to accept a case, Avondale car accident lawyers assess their recovery options.
If they cannot recover any money, a favorable verdict will be useless for them. For example, your accident may have been caused by an uninsured, bankrupted driver. If you do not have uninsured motorist coverage, your chances of recovering your losses are close to zero.
5. Your Case Is Too Difficult
Some car accident attorneys only accept cases they know they can settle with an insurance company. Others are only after easy money and will not put time and effort into gathering evidence and justifying complex claims.
If your case is more challenging or likely to end up in court, auto accident attorneys will decline it. However, there are also experienced and dedicated car accident lawyers who love a good battle. You should never give up your claim at the first negative answer you receive. Instead, ask for a second opinion.
Let a Warnock MacKinlay Law Car Accident Lawyer in Avondale Review Your Case for Free!
Do you want a knowledgeable lawyer on your case or at least an explanation for your case decline? Call 602-600-6427 now and schedule a free case review! At Warnock MacKinlay Law, our car accident lawyers love challenges and are always honest with their clients.
They will provide all the answers and advice you need. Should we decide not to accept your case, we will surely explain our reasons to you. If there is anything we can do to help, like recommending an alternate course of action, we will do it. You will never regret getting in touch with a Warnock MacKinlay Law car accident lawyer!