Reviewing Your Injury Claim for "Fleas"
Our Skilled Santa Monica Personal Injury Attorneys Can Help
Are you having trouble finding representation willing to take on your personal injury claim? Has firm after firm failed to get back to you—or outright rejected handling a suit on your behalf? If so, it could be because there is an issue with your case. To properly proceed with their potential claim, it is critical that injury victims understand what these issues are and, if they can, address them.
Unfortunately, few firms are forthcoming with the real reasons they will reject a prospective claim—if they even get back potential clients at all. At McGee, Lerer & Associates, we don't believe individuals should have to wonder about their legal prospects and continue to seek counsel without being fully apprised of their options. Our knowledgeable and dedicated Santa Monica personal injury lawyers are frank, attentive, and supportive to all the injury victims who come to us and always provides accurate answers about the viability of a claim.
Get answers you can trust. Contact us today to schedule a free case evaluation.
Making Sure Your Case Does Not Have "Fleas"
As a mentor once told us: "if a case has too many fleas, it's a dog; don't take it." Sometimes, the "fleas" aren't always apparent to injury victims, leaving them frustrated and ill-informed. At our firm, however, we believe in providing straight answers for clients who may be hampered by factors they're not aware of.
Common factors likely to have a claim rejected include:
- Delayed medical treatment. Did you wait a significant amount of time after your accident to go to the doctor? If so, it will be easy for insurance adjusters and defendants to claim that your injury wasn't that serious, or that your actual injury occurred after the accident itself.
- Lack of clear answers. A successful injury suit depends on clear and incisive presentation both on paper and, if needed, in court. If you go to a lawyer and cannot provide clear, succinct answers upon your first consultation, it's likely that they will assume there is more to the story than you are willing to admit.
- Delayed attempts to file. Did your accident happen years ago? Even if you are still trying to take action within the statute of limitations, a large gap of time only allows for you—and possibly other lawyers—to harm your claim's chances at recovering money. Any evidence to help support your claim may also be unavailable if you wait too long.
- Suspicious history of injury claims. If your current claim is just one of several you've tried to pursue in your adult life, it is likely hurt your credibility. Defense counsel and insurance adjusters see this kind of history with a claimant and, in short order, can characterize them as an opportunist.
- Numerous claim rejections. Claims that have already been rejected by other firms around town likely has an inherent weakness. Personal injury firms can only commit their time and resources to claims they think they can win. If they have determined an issue in your claim early in the vetting process, it is going to be "a pass."
- Limited damage to your car. For auto accident claims, the seriousness of your claim should be evident in the condition of your car. Generally speaking, car claims with $1500 or less in damages are likely to have a tough time convincing a judge or jury that substantial injury compensation is warranted.
- Lack of supporting eyewitnesses. This can be particularly problematic for lane change and intersection accidents. Often, without witnesses, these claims boil down to two conflicting accounts of who is actually at fault. The result is no awarded compensation and a waste of everyone's time.
- Lack of serious injuries. Minor cuts and bruises are an unfortunate part of an accident, but they do not necessarily call for aggressive legal action. Even if the other party admits fault, without the presence of broken bones, hospitalization, scarring, and other serious effects, any awarded compensation will likely be low.
- Consistently bad impressions. Filing an injury claim isn't a popularity contest, but coming off unlikable, dishonest, or insincere can hurt your overall case. Remember, in the end, a judge and jury will have to side with you and your hardships to award you compensation.
- Unrealistic expectations about compensation. Unfortunately, too many potential clients believe that their accident comes with a silver lining. However, personal injury firms do not want to take on clients who believe they've won the lottery. Multi-million dollar verdicts are not the norm and no attorney wants to take on a client they know they cannot make happy.
Do you still need an honest and incisive appraisal of your potential injury claim? If so, our team is ready to help. We have helped countless injury victims assess the circumstances of their accident and always provide the guidance they have needed to make an informed choice about their claim.
You have concerns. We have answers. Call us at 310.692.9582 today.