DECLINATION LETTER
19 March 2021
Dear Mr. Jones,
RE: RESPONSE TO THE REQUEST LEGAL REPRESENTATION BY JONES AGAINST FEDEX
Pursuant to the request that was made to our senior partner………………………. on the …………….. on the ….. day, we have researched the legal viability of your claim against FedEx concerning an accident involving yourself and the truck driven by a driver employed by the company. I have had the opportunity to review the claim and the documents that you sent to us. I appreciate the confidence that you have expressed in our firm’s capability to offer legal services to you. However, after conducting preliminary legal research, the firm has decided not to represent you in this matter.
Under California laws, the statute of limitation gives an injured party two years to institute a claim for personal injury from the injury date. A person who suffers personal injuries because of an accident must approach the court before the lapse of the two years and fuel the necessary documentation seeking damages for the said injuries. The California statute of limitation, as found in the California Code of Civil Procedure section 335.1 where the law outlines that the right to compensation gets lusts after the lapse of two years. However, certain circumstances may result in the extension of the deadline. The court will decide on a balance of probability of extending the time frame upon proof by the injured party that they have a reasonable excuse as to why the time frame should get extended.
On the second issue of not filing the police report. The lack of a police report further weakens your claim because the law requires one to prove a balance of probability that they have a strong case that is premised on evidence. One way of proving that indeed there was an accident that occurred is to show an accident that occurred on a specific date. With the lack of documentary evidence, then the case is solely based on your word against the intended defendant. Under the law, he who alleges must prove, and under the circumstances, it would be difficult to prove the occurrence of an accident, further weakening the claim that you seek to pursue.
You should be aware that the passage of time. Therefore, the court will allow you to file the claim out of time once you can prove that your case is merited for an extension of time.
We urge you to consult another lawyer if you wish to get a second opinion on the same. Time limitation has negatively impacted your case and may affect your right to pursue a claim. On the same note, the fact that your injuries have since healed and you do not have the police report to support the assertion that you were involved in an accident further makes it difficult for us to pursue your claim to fruition.
At this time, we cannot take up your matter, and therefore we are unable to proceed on your behalf to seek compensation from FedEx. If you need legal assistance for other matters, we hope that you will consider engaging our firm. We have enclosed herein the documentation that you sent to us for perusal.
Thank you for your interest in our firm
Very truly yours,
Jane Doe
AWL LLP California.
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