If you’ve been injured in Clearwater as a result of an accident that wasn’t your fault, you might be eligible to claim compensation. Hiring a local personal injury lawyer to represent you can give you a great advantage in pursuing a personal injury claim and increase your chances of recovering a larger settlement. However, there are some instances where a lawyer will not be able to help.
To get started, take a look at these four reasons why a personal injury lawyer in Clearwater will not take your case and find out how to get the representation you need:
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Why A Clearwater Personal Injury Lawyer Might Decline Your Case
1. Florida’s Personal Injury Statute Of Limitations
Personal injury claims are typically subject to strict time limits, commonly known as the statute of limitations. Due to a recent change in Florida law, victims that sustained injuries after March 24, 2023, will only have two years in which to make a claim for personal injury compensation, subject to specific exemptions.
If you wait too long to take action, you may be barred from obtaining injury compensation, which is one of the most common reasons for a lawyer to refuse to take your case.
2. Lawyer’s Jurisdiction
A lawyer’s jurisdiction refers to where they are permitted to practice, and this is generally on a ‘state-by-state’ basis. If you ask a lawyer based in California to handle a claim regarding an accident in Clearwater, for example, it will be outside of their jurisdiction, and they will be unable to take the case.
However, hiring a local Clearwater personal injury lawyer will mean that you’re still able to pursue your claim for compensation. What’s more – working with a local personal injury legal team will ensure they have experience and expertise in dealing with claims pertaining to the area.
3. Area Of Expertise
Every lawyer has a specific area of expertise, and hiring a personal injury who specializes in the type of claim you need to make can be advantageous. If you’ve been injured in one of the 15,000+ crashes to occur in Pinellas County last year, for example, you’ll want to hire a car accident lawyer to assist with your claim. In this instance, a product liability lawyer or a medical malpractice attorney may be unable to provide the representation you need, which could lead to them declining the case.
4. Proof Of Liability In A Personal Injury Case
As Florida transitions from a pure comparative negligence system to a modified version (except for medical malpractice lawsuits), you will need to show that someone else was at least 50% responsible for the incident that caused your injuries to be eligible to receive compensation.
Of course, evidence is typically required to prove liability, and your legal team will need to be able to establish this when making a claim. If a lawyer feels that there is not enough evidence to support a claim, they may decline to take the case.
Can You Claim Personal Injury Compensation In Clearwater, FL?
Although there are many reasons why a lawyer may not take a case, there are a great deal more reasons why they will. By seeking legal advice and contacting a Clearwater personal injury lawyer, you can establish your eligibility to take action and get your claim for injury compensation underway.
