Winters & Yonker Personal Injury Lawyers located in Tampa, FL

4 Reasons Why a Personal Injury Lawyer Will Not Take Your Case

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4 Reasons Why a Personal Injury Lawyer Will Not Take Your Case

Florida personal injury laws give injured parties the right to seek compensation for damages caused by negligence, intentional torts, and other types of wrongdoing. The best way to know if you are entitled to compensation is to meet with a Florida personal injury lawyer. Our law firm offers free consultations so that you can get answers to your questions.

Our lawyers carefully consider the factors of your case and provide you with an honest assessment of your legal options. However, there could be some cases that our attorneys must turn down. The reasons are not personal but are important for a variety of reasons.

Four common reasons why a personal injury lawyer will not take a case are:

Conflict of Interest

Conflict of Interest

Conflicts are a common reason why attorneys will not take cases. An attorney has a conflict of interest when a situation prevents the lawyer from representing the client’s best interests. 

Lawyers have a duty to “zealously” represent the interests of their clients. In other words, the attorney must aggressively pursue all legal avenues to achieve the desired outcome for the client. If the lawyer cannot do this, they have a conflict of interest.

The most common conflict of interest is representing a client or having a past client with an opposing interest. For example, an attorney represents a trucking company that owns the truck that caused your car crash. Therefore, the attorney owes a duty to his client to protect the client’s best interest. 

Therefore, the attorney can’t protect both of your interests since you want to sue the trucking company for damages. In that case, the lawyer would need to turn down your case. 

Statute of Limitations Has Expired

A statute of limitations is a deadline for filing a claim or lawsuit. Most personal injury lawsuits in Florida now have a two-year statute of limitations thanks to a new tort reform law passed on 3/24/2023. Before this law, accident victims had four years to file a negligence claim. If your accident occurred before the bill was passed, you will still be subject to the four-year deadline.

You cannot file a legal claim against the at-fault party after the statute of limitations expires. If you file a lawsuit, the court dismisses the case because time ran out for legal actions. 

Therefore, the firm might not take the case if you wait too long to contact a personal injury lawyer. Even if the time has not expired yet, the attorney may not take the case because he would not have sufficient time to investigate the claim, gather evidence, and prepare a lawsuit.

It is always best to contact a lawyer after an accident or personal injury as soon as possible. However, the deadline to file personal injury claims vary. The type of case, the parties involved, and other factors could significantly shorten the filing deadline. 

Insufficient Evidence To Prove Negligence 

To establish liability for damages, you must prove the legal elements of negligence. The injured party has the burden of proving its case by a preponderance of the evidence. That means there is a greater than 50% chance that the allegations are true than untrue.

The legal elements of a general negligence claim are:

  • Duty of Care – The other party owed you a legal duty of care. For example, drivers owe other people using the road a duty of care to operate their vehicles safely to avoid car accidents, including following traffic laws.
  • Breach of Duty – The party’s actions or failure to act breached the duty of care. For example, the other driver was texting while driving.
  • Causation – The party’s conduct was a direct and proximate cause of your injury. In our example, because the other driver was texting, they ran a red light. Their failure to yield the right of way caused the accident.
  • Damages – The person’s breach of duty resulted in damages. Damages can include physical injuries, economic damages, and non-economic damages.

If you cannot prove each of the above legal elements by a preponderance of the evidence, you cannot recover compensation from the other party. The attorney factors the chance of winning the case based on the current evidence when deciding whether to take a personal injury case. If the costs of pursuing the claim outweigh the chance of winning, the attorney might not take the case. 

Your Damages Are Minimal 

Personal injury lawyers are paid on a contingency fee basis. They agree to accept a percentage of the amount they recover for your claim as payment for their legal representation. Therefore, the attorney has a strong incentive to recover the maximum value for your case.

However, if the value of your damages is minimal, it might cost the attorney more money than he would make to take your case. As a result, the attorney may decline to take your case because it would not be cost-effective for the law firm.

Other Reasons Why a Lawyer Might Not Take a Case

There are many reasons why lawyers do not take cases. Other reasons for turning down a case include:

  • The lawyer does not handle that specific type of injury case
  • The insurance company has denied the claim and the lawyer does not believe going to court would be successful 
  • The attorney does not have sufficient experience to handle a complex case
  • The lawyer does not believe you have a cause of action to recover damages
  • The attorney’s current workload would not allow sufficient time to devote to the case
  • You lie to the attorney or withhold important information the attorney discovers

If an attorney rejects your case, ask for a reason. While it is not worth arguing about because the lawyer is not required to take the case, push for a specific answer. Knowing why the attorney turned down your case is important.

Don’t Give Up – Talk With Another Florida Personal Injury Lawyer

If one attorney refuses to take your case, meet with another accident attorney. Attorneys are not perfect. One attorney might not believe you have a case, but another attorney might see something the first attorney failed to discover.

Likewise, the reason one attorney turns down a case might not be an issue for another attorney. For example, another attorney probably will not have a conflict of interest, or the next attorney may have experience handling your type of case.

If an attorney turns down your case, call our law firm. Let us look at your case to see if there is something we can do to help.

Contact Us To Schedule a Free Consultation With Our Florida Personal Injury Lawyers

You deserve full compensation for all injuries and damages caused by another party. Contact or call our law firm Winters & Yonker Personal Injury Lawyers to schedule a free consultation with one of our experienced Florida personal injury attorneys at (813) 223-6200. We are here to help you receive a fair settlement amount for your personal injury claim. 

We accept cases on a contingency fee basis. You do not pay any attorneys’ fees until we recover money for your claim.

Anthony David
Anthony David
1695918895
Winters & Yonker are an extremely knowledgeable car accident attorneys in Tampa. Marc represented me injured in a car crash when I was coming off I-4. He is clearly the best in the field! The entire team at his firm is AMAZING!!!They helped through my whole process always keeping me up to date. They referenced me to the best doctors to assist in my recovery. I always felt comfortable with every part of it specially now in the pandemic time. The stuff is very friendly and always available for you. I specifically like to thank PRE-LITIGATION department. They were passionate, dedicated and professional. Marc worked very hard on my case and did fantastic job!!! I am very pleased with the outcome of my case. The results are outstanding. I highly recommend Marc and his entire Firm. You guys are AWESOME! Thank You to everyone at this firm!
Karla Rogers
Karla Rogers
1695770121
Best lawyer ever! I had an accident gave them a call and like three months later, case Settled and full payout... Excellent service!
Lenette Montalvo
Lenette Montalvo
1695641293
Christopher from Winter and Yonker was amazing. Very nice person to talk to, listen to what I had to say, and even gave his opinion when needed. From start to finish I felt very important and I was impressed by this law firm every one i spoke to made me feel safe and comfortableto. My accident has done a lot of damage to me, and knowing I had an attorney from Winters and Yonker on my side made me feel great. My compensation for my accident is amazing and it will help me in my life. Thank you very much I will definitely recommend this law firm.
coleman vera
coleman vera
1694712772
I went to Winter & Yonker Law Firm for my Tampa car accident case I was involved in. My case manager throughout the process and she took care of me from start to finish. The process was very seamless, I received the medical treatment that I needed immediately and at the very end, concluded with a very rewarding settlement. I've worked with a few law firms from prior accidents and none can compare to the service OR expertise I received from Mr. Yonker.👉 If you're seeking help for an injury related case, I would definitely recommend working with him and their amazing legal staff at Winter & Yonker Firm in Tampa. I will always use this firm for all my Personal Injury Claims! If you are l@@king for an Attorney to give you Top Notch legal help and the MOST money for your Pain & Suffering then take it from me I'm a paralegal and this firm continues to OUTSHINE them all!
Meredith Wilson
Meredith Wilson
1694489029
This was my first personal injury experience. I wanted to choose a law office I could trust. A friend of mine recommended the law offices of Winters & Yonker, Personal Injury Lawyers in Tampa. Through the entire process Attorney Marc Yonkers was helpful and communication was stellar. I never felt out the loop. I felt confident throughout entire process. Which this month (Sept. 2023) they were able to settle my accident case successfully and to my 100% satisfaction. I cannot recommend Winters & Yonker and or Marc any higher. In short they are firm, fair, aggressive, responsive, super smart and know the numerous ins and outs of Personal Injury cases (which can be quite complicated). Upon hiring them you get a law firm that will leave you confident that your case will be handled expertly and with your interests front and center.
Geneva Ramirez
Geneva Ramirez
1694089126
Winters and Yonkers has been a legend of the Tampa Bay personal injury Attorney community for a long time. I was in a car accident recently with my husband, we suffered back and neck pains after two days and thought to get someone’s help. I found Winters & Yonker Personal Injury Lawyers through a google search and called them right up. The same day Mr. Winters contacted both of us, listened, and was compassionate to our situation. He helped us through the entire process including getting me seen by a Doctor so we could heal our injuries correctly, and we got our medical bills reduced! Bill Winters, my case manager, and the entire staff were very knowledgeable and exceptional at their work. We would like to express my sincere gratitude to them and recommend them without any hesitation to anybody who needs help, don't try and fight the at fault's insurance on your own. If you're injured and need someone to protect your rights you won't find a better Attorney than Bill Winters at Winters & Yonkers!-Geneva, Tampa FL#personalinjurylawyer #caraccidentlawyer #tampainjuryattorney
Shelley Torres
Shelley Torres
1694088835
Bum Boi
Bum Boi
1693705250
My wife and I are work in Mediation and Arbitration but know nothing about personal injury cases. When a young delivery Truck driver who was distracted by his phone hit us at full speed and rear-ended us as we were stopped in traffic on Wesley chapel. We knew we needed to hire the best lawyers with PI experience and expertise in the Tampa legal community that we could.From our first phone call with Bill Winters and then all the way through Trial preparation then Trial, we never felt any bad about our case because we knew Bill and the entire staff at Winters and Yonker would take care of us.Their dedication, innovation, motivation, reliability, unparalleled intellect, and exceptional skill as trial lawyers make them extraordinary individuals. My experience working with them was nothing short of exceptional. Experiencing a car accident is an ordeal that encompasses fear, trauma, and frustration. It's a life-changing event in anyone's life. There was no amount of money that could ever make me alright, because I would give any amount of cash to not have to go through the nightmare that the car accident was and continues to be.It took almost 2 years from the time of the car crash to go to trial, but ultimately the jury verdict that Bill Winters got for my family was worth fighting for. There were so many times over the course of the three years that we actively realized how amazing it was that we felt no anxiety or concerns or worries about our case, because Bill is truly outstanding!If you or anyone you know gets hurt in a car accident, call Winters and Yonkers RIGHT AWAY! And then rest assured that you, your family, or friends are being cared for by the ABSOLUTE BEST legal team in Tampa Bay. Thank you, Winters & Yonker!
Glenda Litimco
Glenda Litimco
1693536170
Winters & Yonker law firm did excellent work with my injury case. Luckily, I was referred to Winters & Yonker from a good friend after I was injured in a car accident. I did some initial research about injury lawyers near me, but the reviews for this office really stood out to me in Tampa. I decided to call and after a single phone conversation, the choice was easy to make! Not only was everyone extremely professional, they made the entire process smooth and clear. I was at ease with each step of the way because they were always there to answer my questions and keep me informed of what was happening. All expectations were met and my settlement was exceeded. I got much more than I thought was even possible from the insurance company. I highly recommend the Winters & Yonker Personal Injury Lawyers, and their team in Tampa to anyone in need of help after a car, truck, or motorcycle accident. You'll be in good hands!
Dandrea Ikner
Dandrea Ikner
1693513818
This is the best lawyer in town
Nicky Warner
Nicky Warner
1692997375
Max was amazing! He kept me updated throughout the whole process and was extremely easy to talk with. He also explained everything so I can completely understand it. It was an amazing experience. Thank you, Max!
Erika Smith
Erika Smith
1692795764
I had a great experience with them! They truly care about you!! Thank you so much🤗
Jonathan Clem
Jonathan Clem
1692661489
I was injured in a car crash here in town. Since it was essentially a "he said she said" accident case the opposing insurance claimed it was a 50/50 fault. Even though it clearly could not have been my fault. However, Bill worked diligently to get me everything I was needed to get my life back. He worked to get me access to all the doctors I needed and medical treamtment for my neck and back. Plus, a large settlement amount. Bill even took the time to calm me down when I saw the initial amount and cost for seeing my medical bills piling up! He even managed to get them to reduce their bills significantly! Plus, I received as much as possible. Winters & Yonker Personal Injury Lawyers in Tampa provided a great legal service. They were strait forward and honest about the approach, and communicated every aspect of the process. The firm took care of everything. I would 100% without a doubt recommend him if I knew someone that need a personal injury attorney. Given the circumstances of our introduction I hope I never have to, BUT Bill Winters will definitely be my first call if I'm ever injured again!
marie silvers
marie silvers
1692107771
They are the Best! They care about you as a person!
jorden reagan
jorden reagan
1692106640
Everyone on their staff is amazing! Chris and Sara won my case and helped me out with an accident that occurred a few months back. They made the entire process so easy! They called with case updates but not too often where it was constant phone calls. It was just enough to know what was going on the whole time without being bombarded. Thankful for Tayler on their staff who helped inform me on why Winters and Yonker was the best choice to go with!
Kimberly Rushton
Kimberly Rushton
1691849813
Yes, I would highly recommend winners in Yonkers. I worked with Trevor and Trevor was the best. I recommend anyone that ever needs a lawyer to go to them. They are the best.
Pat Pawelkop
Pat Pawelkop
1691761083
Highly recommend. Bill Winters and his staff took time to answer my questions, and handled my case in a timely and professional manner. I almost didn't contact a lawyer over my "small" injury case because I feared it would be so difficult and stressful. But he got me the settlement that my insurance company owed me, and I would never have been able to do that on my own. And with less stress that I anticipated. I'm glad I called them.
Amysway Barton
Amysway Barton
1691599586
Always available
Certified Soul
Certified Soul
1691535470
Winters and Yonker is who you want to go to when you get in a car accident because they will take care of you and won’t let you get low balled on your settlement. I got in a car accident where my back and shoulder was injured and I was referred to a attorney named Trevor. I appreciate Trevor for handling my case and keeping me informed with all the information I needed.
Sean S
Sean S
1687270653
One of the best law firms in Tampa. My family was involved in a serious car accident. We went to that other personal injury firm with the two M's they were trying to make us settle the case quickly and they we're not listening to us with the arrogant attitude that they were the experts and we were just ignorant. We promptly fired them and then hired Winters & yonker. Our settlement was 5 times higher than what the MM wanted to settle for.I would like to thank Winters and Yonkers entire staff for a wonderful experience. They were all very knowledgeable and walked us through the whole process. We really felt like they cared, unlike the other firm.
Linda Robinson
Linda Robinson
1686789803
I’m giving Winters & Yonker a shout out. My mother fell in Winn Dixie afew months ago. Her first choice wasMorgan & Morgan; however, after theinterview with them they decided not to take the case. My perception was that it was not a big enough case for them. I knew that she deserved to be compensated for her injuries, and I had mad faith in Winters & Yonker from using them in the past. They not only took the case but settled it in record time. Thanks Winters and Yonker, and I like to send a special thank you to Christopher Smith, who was never to busy when I needed answers. I would recommend your law firm to anyone. I found you to be ethical, professional, and respectful to my family, but most of all you will fight for the little guy. Much love and respect. God bless you all and your families👏👏👏👏
Reuben Rodriques
Reuben Rodriques
1686354543
Other said it couldn't be done called your law firm and immediately you got on it impressive shocking furthermore you showed integrity did what you had to do though you didn't have to do it and I was shockingly pleased thank you you surprised me had I to choose any other law firm I would not hesitate to call you or share my experience with my friends thank you once again from me and my family amen
Hameed Owens
Hameed Owens
1684355539
PATRICK IS THE GOAT 🐐 I WAS INJURED ON A PROPERTY THAT CLAIM THEY DIDN'T COVER MY INJURY PATRICK SAID BE PATIENT & LET HIM WORK!:& HE DEFINITELY DID JUST THAT!!!: HE CHANGED MY LIFE 🐐💯
Enrique
Enrique
1684002987
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