If you suffered an injury that was caused by another person or entity, but your ICBC case was refused by a personal injury lawyer, you may be wondering why. Here are some of the possible reasons:
1. You did not sustain serious injury
While you may be thankful you did not sustain serious injuries in the accident for which you would like to sue, this may be the very reason you do not have a viable case. For you to be compensated for an injury caused by another person’s intent or negligence, you must show that there was significant hurt, disruption of your life or work and/or substantial medical costs.
If you slammed your finger in your desk drawer, for example, and it turned black and blue for a few days, that would not be grounds to file a personal injury claim against your lawyer as that is a minor injury that would not have any significant impact on your life.
2. It is unclear who is liable
Even if you sustained serious injuries in an accident, you will still need to prove that those injuries were caused by the actions of someone else if you want to file a personal injury claim. A personal injury lawyer will also need to prove that the person who you claim was at fault had a duty to take reasonable care or to avoid dangerous actions and that it was a breach of such duty that caused your injuries. Your lawyer will also need to show that the person or entity should have foreseen that their actions or inaction would have had an impact on others. Finally, your lawyer will need to how your injuries have affected your life. If there is no one to sue for damages or your lawyer cannot establish duty, breach of duty, causation and damages, you do not have a case.
3. You share liability in the accident
In Canada, Tort laws allow for the liability in an accident to be shared among multiple parties. This means if you were injured in an accident that was caused by another person, but you were not exercising reasonable care at the time, you may be found partially responsible for your injuries. For example, if you were hit by a driver who was texting while driving but you were also texting while crossing the street, you might have to bear some responsibility for the accident.
You can sue the other person for a percentage of the damages equivalent to how much responsibility they have in the accident. If the brunt of the responsibility rests on your shoulders, however, a lawyer may refuse to take your ICBC case because they do not believe the amount you can recover is enough to make it the case worth pursuing.
4. Another lawyer has already refused your ICBC case
If you have already approached another personal injury lawyer, but they refused your case, any other lawyer would wonder why. A lawyer may refuse your case for a number of reasons. For example, a lawyer who is more familiar with car accident personal injury claims, might not feel competent representing you in a product liability case. However, if the reason the lawyer turned down your case is that they examined your claim and found it to be without merit, another personal injury lawyer may be hesitant to take you on as a client.
5. Your main concern is the settlement amount
You may find it difficult to find a personal injury lawyer to represent you if you are simply searching for a lawyer who promises you the highest settlement amount. Personal injury claims are complex and unpredictable. And although a lawyer can estimate how much you will be able to get in a settlement based on your injuries, similar case history and other factors, there is no way they can guarantee the success of your claim or how much you will be compensated if you win the case.
6. The statute of limitations has passed
No matter how strong your case is, a personal injury lawyer will not be able to help you if the statute of limitations has passed. In Canada, you have a maximum of two years from the date on which you discover your injuries to build your case and file a personal injury claim. To avoid running out of time to file your claim, consult a personal injury lawyer as soon as you realized you have sustained injuries.
Are you looking for a personal injury lawyer in Surrey?
If you are looking for a personal injury lawyer in Surrey, contact us at Nirwan Law Corporation. At Nirwan Law Corporation, our Surrey personal injury lawyer is experienced and well-equipped to handle even the most complicated claims. Even if your ICBC case has already been turned down by another lawyer, we will vet your case and tell you whether it is worth pursuing.
If there is merit in your ICBC case and you choose to work with us, we will handle all aspects of your claim, including negotiating with ICBC, referring you to appropriate specialists to prove your claim and, when necessary, litigating on your behalf to get you the money you deserve.