Why Would a Car Accident Attorney in Albany Decline My Case?

May 8, 2019

Many accident victims mistakenly believe that lawyers will accept any case. Sure, there are some ambulance chasers out there who would do anything to get a new client. But not all Georgia car accident attorneys are alike.

If an car accident lawyer in Albany declined your case, you should not blame them for it. Instead, focus on finding out what their reasons were. This way, you will know if the problem is your case and if there is anything you can do about it.

Sometimes, it is better to have a good lawyer reject your case than to have an inexperienced one waste your time and money. The best way to understand that is to review the most common reasons why Albany auto accident attorneys may decline a case.

5 Common Reasons Why a Car Accident Lawyer in Albany May Decline a Case

1. The Statute of Limitations Expired or Is about to Expire

Under Georgia law, civil lawsuits referring to personal injury should be filed within two years. In car accident cases, the victims usually file a compensation claim with the insurer of the party at fault first. Lawsuits are an alternative when the party at fault is uninsured or the insurance company denies the claim.

But the procedures need to begin much sooner as they take time and paperwork themselves. Moreover, both insurance claims and lawsuits require evidence. Obtaining it takes time as well. If you waited too long before contacting a car accident attorney, you should not be surprised if they decline your case.

2. Your Share of Fault Was Too High

Under Georgia law, if you were partly at fault for your accident, the compensation you are entitled to will be reduced accordingly. Moreover, if your fault percentage exceeds 50%, you lose your right to compensation.

Let’s say your claim is worth $10,000. If you were 40% at fault, you can only recover $6,000. If the other party incurred damages, you will be responsible for 40% of their damages as well.

If an Albany, Georgia car accident attorney declined your case, it could be because there is no money in it. Perhaps the amount you can receive as compensation is too little to justify a lawsuit or an insurance claim.

3. You Have No Evidence to Support Your Claim

In Georgia car accident lawsuits and insurance claims, the burden of proof falls on the plaintiff/claimant. You need to prove that:

  • The defendant had the duty to exercise reasonable care
  • They breached their duty
  • Their actions caused your accident
  • The damages you claim were the consequence of the accident they caused
  • Your claim value reflects the value of the damages you incurred

To do prove all these, Georgia car accident lawyers use the following types of evidence:

  • The police accident report
  • Blood alcohol test results (to prove DUI/DWI)
  • Photos and video recordings from the accident scene
  • Witness testimonies
  • Technical expertise
  • Driving/criminal records of the party at fault
  • Expert testimonies
  • Phone calls/text and social media activity records (to prove texting and driving)
  • Medical reports, test results, and treatment recommendations
  • Bills, invoices, receipts, and cost estimates
  • Similar case verdicts

If you do not have such evidence or the available evidence does not support your claim, many car accident attorneys will decline your case.

4. You Signed Right Waivers or Accepted an Early Settlement

Many accident victims get tricked into signing documents they never read or do not fully understand at the accident scene. Later, they discover they gave up their right to claim compensation.

Others get tricked into accepting small amounts of money in exchange for giving up their claim. They only realize their case was worth much more when it is already too late. If that is your case, there is little to nothing an Albany, GA, car accident lawyer can do to help you.

5. Obtaining Compensation Will Be Extremely Difficult or Impossible

Sometimes, even though the law is on your side and you have overwhelming evidence, you cannot win. For example, the party at fault could be uninsured and broke. This means you cannot get money from their insurer and suing them in civil court will not help. If you do not have uninsured motorist coverage, you cannot seek compensation from your own insurer either.

 

And there are many more reasons why an Albany auto accident lawyer may decline your case. Your goal should be to find out why they did it, so as to know where you stand. Also, you should consider getting another opinion.

Request a Free Case Review from an Experienced Car Accident Lawyer in Albany, GA

Our law firm provides free case reviews. Whether another car accident lawyer in Albany declined your case or you simply want to know what to expect, we can help. Call our law offices at (229) 351-5320 and make an appointment! You will surely obtain the information and solutions you need!