While a lawyer will in most situations take your case, certain ones will reject it. It’s not just about the money, but the time it’ll take to get things done. Sometimes they feel that the case wouldn’t be worth trying from the start. Here are some reasons why an attorney may not take your product liability case.
No Damages
The whole point of taking a product liability case is to get compensated for damages from using a defective product. A cochlear defect lawyer will reject your offer because there are no damages. In this case, there’s no proof of injuries.
Also, you don’t have a medical report of your injuries. In these situations, you may have medical bills, lost earnings from not working, and you may suffer from depression. If there’s no proof of anything causing you severe harm, chances are the lawyer won’t see the point of taking your case to court.
The risk outweighs the reward.
You Didn’t Seek Out Medical Attention
When accidents happen, people usually wait it out for days and even weeks. They’re hoping the pain will alleviate, and they don’t have to seek medical treatment. It’s best to seek medical assistance immediately after the accident.
The longer you wait between the accident and medical treatment, the easier it’ll be for the manufacturer to argue that their product didn’t cause the injury. It’ll give them more momentum to have your case dismissed.
Failure to Follow Through
If you didn’t try to mitigate your losses, receiving further compensation for damages may be a long process. Let’s say that an injury broke a bone in your leg. After getting medical treatment, the doctor may recommend physical therapy to help you rehabilitate.
In this case, you may recover nearly 100% after you finish your physiotherapy sessions. If you stop midway through the sessions, you may not fully recover. You may have worsened your situation even further because of neglect.
A product defect attorney may see that you won’t get compensated for medical bills and lost earnings because you made matters worse instead of going by your doctor’s orders.
When you’re trying to get a product liability case, always make sure you have proof of damages. You never want to come to a lawyer with a situation that could be a waste of time. Think about this before seeking legal representation.
