When someone is injured in an accident in Las Vegas, they often turn to a personal injury attorney for help. Personal injury lawyers represent injured people and their families as they seek compensation for their injuries and damages.
The last thing most people think about when they search for a personal injury lawyer is that an attorney may not take their case. The lawyer they meet with might turn them down and say they will not represent them. But, why would a personal injury lawyer in Las Vegas, Nevada not take a case? Keep on reading to find out why, the personal injury attorneys at Battle Born Injury Lawyers discuss the answer in this article.
Conflict of Interest
When a personal injury lawyer represents a client, they have a fiduciary duty to act in the client's best interest. Therefore, a conflict of interest would prevent them from fulfilling the duty of care owed to their clients.
A conflict of interest usually arises when an attorney represents a party whose interests are adverse to a potential client. Sometimes, another lawyer in the law firm might represent a client that creates a conflict of interest. A conflict of interest could also arise if an attorney owns a stake in a business or serves on a company's board of directors with an interest adverse to a potential client.
Las Vegas, Nevada Statute of Limitations
A statute of limitations is a deadline that restricts the time people have to file a personal injury lawsuit. Each state sets its own statute of limitations for personal injury cases. If you do not file a lawsuit before the deadline expires, the court can dismiss your case.
For example, Nevada's statute of limitations for most personal injury cases is two years from the injury or accident date. However, there are exceptions, so it is best to seek legal advice as soon as possible after your injury.
Lack of Evidence Proving Your Las Vegas Claim
As the injured party, you have the burden of proving the legal elements of the case to hold the other party responsible for your damages. Most personal injury claims in Las Vegas, NV are based on general negligence or the failure to act with reasonable care. However, some cases might be based on intentional torts or strict liability.
The legal elements of negligence are:
- A legal duty of care to act with a certain standard of care;
- A breach of duty caused by the other party failing to meet the duty of care;
- The other party's actions were the direct and proximate cause of your injury; and,
- You incurred damages and injuries because of the other party's breach of conduct.
If you cannot prove each of the elements required for negligence, the other party is not liable for your damages. An attorney may turn down a case if there is insufficient evidence to win.
The Value of Damages Does Not Justify the Attorney's Time
Personal injury lawyers generally take cases on a contingency basis. A contingency fee is a percentage of the amount the attorney recovers for your personal injury case. If the attorney does not recover any money for the case, you do not owe them any attorney's fees.
The value of your damages depends on many factors, including the severity and type of your injuries. If an attorney does not anticipate sufficient damages to justify their time and resources, they might turn down the personal injury case. If the lawyer took the case, they might not earn enough attorney's fees to compensate them for the time and costs involved.
Other Reasons Why a Personal Injury Lawyer in Las Vegas, NV Might Turn Down Your Case
There could be other reasons why a Las Vegas, Nevada attorney might not take a case. Other reasons include, but are not limited to:
- The insurance company denied your claim, and the attorney does not think they can win the case in court.
- The case is too complex for the attorney to handle.
- The attorney does not handle the type of personal injury law applicable to your case.
- The attorney does not have the resources or time to handle the case.
- You withheld information from your lawyer.
If a personal injury lawyer will not take your case, consult another law firm. Another lawyer might be in a position to take your case. Las Vegas personal injury lawyers, as well as most other attorneys in this area of the law, offer free consultations – you can meet with several attorneys to decide who is best suited to represent you.