The Most Common Reasons a Rancho Cucamonga Personal Injury Attorney Would Decline to Take a Case
In the vast majority of cases, Rancho Cucamonga personal injury attorneys take cases on a contingency basis that means that they do not get paid unless they win their client’s case. As a result, they have as much at stake as the plaintiff – which means that they can only take cases they feel confident they can win.
If you are thinking about talking to an attorney to take your case, it can be helpful to know what reasons might persuade an attorney to deny taking your case. If you have questions or would like a free legal consultation, contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
The Statute of Limitations Have Passed
Put simply, the statute of limitations is the deadline by which you must pursue your car accident case. In California, you generally have two years from the date of the injury. However, there are exceptions, such as cases in which the government is the defendant. For those cases, the statute of limitations is just six months.
You Were at Fault for the Accident
If you were involved in a car accident in which you ran a red light, then you will have a hard time finding an attorney who will take your case. However, in California, you can sue even if you were partially at fault. That said, we are going to look at your percentage of fault and determine if it is worth pursuing your case. Why? Because any percentage of fault you have will reduce the compensation, you can recover.
You Did Not Get Medical Care Right Away
If you waited to visit the doctor after your accident, then it can be very difficult to prove your case. The at-fault party might claim that the injury had nothing to do with the accident, and you could not prove that it did if you waited months to get medical care.
Likewise, if you went to the doctor but did not follow their treatment plan, then it can be argued that you either were not as injured as you claimed to be or that your injury would not have resulted in damages if you had followed your doctor’s instructions.
The At-Fault Driver Did Not Have Insurance
Generally speaking, we do not sue the at-fault driver directly but rather their insurance company. If the at-fault driver did not have insurance and they do not have significant assets, then there might not be a point in suing them. Even if you win, there is no money to collect.
If you are curious about your case or you are ready to talk to a personal injury attorney who can help with your case, contact Law Offices of Fernando D. Vargas at 909-982-0707 right away.