Why Won’t Any Truck Accident Lawyers in Tampa Take My Case?

If you’re intent on taking legal action after a truck accident in Tampa, you may be frustrated to discover that no lawyer seems to be willing to take your case. Why are so many lawyers refusing to help you? Is there a way to overcome this issue? These questions are more common than you think, and the answers may vary.

Florida’s Modified Comparative Negligence System Might Be an Issue 

If you’re wondering why no lawyer seems willing to take your case, Florida’s “modified comparative negligence” system could be a factor. Previously, the Sunshine State operated under a “pure” comparative negligence system, allowing you to sue even if you were 99 percent responsible for your own injuries. Now, the new modified system prevents you from suing if you were 51 percent responsible or more.

For example, you might have rear-ended a semi-truck. In this situation, you are typically “at fault” and therefore unable to sue. However, there are always exceptions to consider. For example, the truck might have veered into your lane without signaling. Perhaps the trucker parked illegally before you rear-ended them. An experienced lawyer may be able to analyze your situation more closely, uncovering new opportunities for legal action.

Your Damages May Be Too Low

Personal injury lawyers earn income through “contingency fees.” Under this payment system, you only pay your lawyer if you win your case. At that point, the lawyer takes a percentage of your compensation as payment. But what happens if your compensation is quite small? At this point, the lawyer needs to carefully consider whether it is worth taking you on as a client. If the case involves a lot of work without much payoff at the end, they may decline to take you on as a client.

Insurance Plays an Important Role in Compensation

Another potential factor could be the lack of insurance coverage. For example, an intoxicated individual has driven a semi-truck with no insurance or license before crashing into you. In this situation, your options are fairly limited because of the lack of insurance coverage. Since insurance represents the most obvious source of compensation for injuries, uninsured or underinsured motorists can make lawsuits pointless.

You Waited Too Long

Finally, a lawyer may decline to accept you as a client if you waited too long to file your lawsuit. In Florida, you can only wait up to two years before filing your truck accident lawsuit. If you wait longer than two years, you lose the right to sue under the statute of limitations. If this deadline has passed, there may not be much that a lawyer can do for you.

Can a Tampa Truck Accident Lawyer Help Me?

Even if you have been turned down by numerous truck accident attorneys in Tampa, there may still be hope. Sometimes, lawyers turn down truck accident victims because they fail to see opportunities to win. A more experienced or imaginative attorney may see a pathway to victory, even if you have been turned away by others. Contact Anderson & Anderson at 813-251-0072 today to learn more about your potential next steps.

Source: 

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html