Whether you were injured in a car accident, slip and fall, or dangerous animal incident, it is always advised to speak with an attorney before speaking to insurance companies or choosing not to file suit.
Most law firms offer free initial consultations to review the facts surrounding your case and will advise you about what you should do next.
Injury Law Firm In Oakboro NC
Following the initial consultation and upon your decision to file suit, attorneys are then left with the decision whether they will represent you. Attorneys will most likely want and be able to represent you, but there are some situations where an attorney may have to turn down representation. Here are some reasons why an attorney might not agree to represent you.
If an attorney does not believe that your case will be meritorious, he or she is prohibited from filing your case. Repercussions to attorneys include possible sanctions from the court, having their licenses suspended, and/or even disbarred permanently. Courts will not hear frivolous lawsuits, and attorneys are not allowed to waste the courts’ time. Therefore, a licensed attorney must have a legitimate and reasonable belief that your case will prevail when agreeing to represent you.
During initial consultations, attorneys will ask when the injury occurred to determine whether you still have time to sue. Each state has its own statute of limitations that determine the maximum amount of time that can pass before your claim is barred. For example, in South Carolina, people have up to three years to file suit for a car accident, otherwise, a court will not hear the case.
If an attorney determines that your claim has surpassed the statute of limitations, he or she should not take on your case, absent an applicable exception. Therefore, it is highly recommended to contact an attorney as soon as possible to ensure that your case is timely filed.
Sometimes attorneys will not represent you for their own personal issues, rather than anything to do with your case. If you decide that you want to go forward with your lawsuit, you will need adequate representation, and if an attorney cannot provide that for you, he or she should not take on your case.
These personal issues may involve financial, family, or emotional issues, being morally opposed, or not having enough time. If that is the case, an attorney will likely be able to refer you to another competent law firm that will be well-equipped.
Oakboro Accident Attorneys
Personal Accident attorneys will not be able to represent you if they have a conflict of interest with you or your case. A conflict of interest may arise from several situations including an opposing party being a current or former client, having a personal interest in the outcome of the case, and risking breaking the attorney-client privilege, among other possible scenarios.
Although there are ways to overcome a conflict of interest, such as full disclosure and written consent from all the parties involved, there are times where an attorney will still not be able to represent you because of the extent of discretion, privilege, and neutrality required while representing a client.
So long as an attorney is licensed and sworn in, he or she can represent a client in multiple fields of the law. An attorney can practice in criminal defense and also file a civil personal injury suit without breaking any rules. However, the American Bar Association requires that attorneys are competent and confident in their ability to do so.
This may require additional studying and research on the attorney’s own time and money. It is nearly impossible to be proficient in all areas of the law, so if an attorney doesn’t feel comfortable in the field of law that you want to file suit in, he or she may refer you to another attorney who is well-seasoned in that field.
Personal Injury Lawyers Near Me
You can be confident that the experienced attorneys at Campbell and Associates will be able to represent your meritorious personal injury case. Call us today at: 704-326-7243. The initial consultation to determine whether you have a possibly successful case is always free, so you have absolutely nothing to lose for reaching out to us.