4 Reasons Why a Personal Injury Lawyer Will Not Take Your Case
If you’ve been hurt in an accident, you might be wondering whether you can file a personal injury claim. However, not every lawyer will accept every case. Understanding the reasons why an attorney could say “no” can help you decide your next steps and clarify if it’s worth seeking a second opinion.
Here are four common reasons a personal injury attorney might decline to represent you, as well as information on what you can do if you still believe in your claim.
1. There Isn’t Clear Liability
A strong injury case relies on demonstrating that someone else was at fault for your injuries. In other words, you need to show that another party’s negligence or wrongdoing caused the accident. Sometimes, if it’s unclear who is responsible—or if the evidence points to you being the primary cause—an attorney may be reluctant to take your case.
For instance, if the police report or witness statements suggest you’re mostly at fault, or if the accident’s circumstances are murky, an attorney might feel the case doesn’t have solid ground.
If you’re in this scenario, gather any additional proof or documents that might clarify who is responsible. Police reports, eyewitness details, or photos from the scene could help shift an attorney’s view and show that your claim might hold water after all.
2. Damages Aren’t Significant Enough
Another reason a lawyer might turn you down is if your injuries and financial losses aren’t large enough to justify the legal costs. In personal injury cases, attorneys typically work on a contingency fee basis, meaning they only get paid if you win compensation.
Cases with minor injuries and low medical bills may not recover enough money to cover the attorney’s time and expenses, especially once court or expert witness costs are factored in.
If your financial losses are modest, you could try handling the claim alone through the at-fault party’s insurer, especially if the fault is obvious. However, if you suspect the damages are bigger—like hidden future medical needs or lost wages—consider gathering more medical assessments or second opinions that confirm the true extent of your costs.
3. The Statute of Limitations Has Passed
In most states, there’s a statute of limitations on personal injury cases—usually two years from the date of injury (though certain details can alter this deadline). If you wait too long and the filing window has closed, a lawyer will generally decline your case because the courts will almost certainly dismiss it. Attorneys don’t want to invest time in a matter that’s already barred by law.
Check whether any exceptions exist—such as injuries discovered late or if the injured victim is a minor. Even if your time seems to have expired, it might be worth consulting another lawyer to confirm.
4. Insufficient Evidence of Injury or Causation
Sometimes, an attorney sees that the direct link between the accident and your injuries isn’t clear. Maybe medical records don’t prove that your harm stems from the incident in question, or perhaps you have a pre-existing condition that complicates matters. In personal injury law, you need to show both that you’re truly injured and that the accident caused it.
If you believe your injuries truly resulted from someone else’s actions, you can seek more detailed medical exams or specialist opinions. Having a doctor who can connect your pain or limitations to the crash can strengthen your case. An attorney might reconsider if new, robust medical proof emerges.
Contact a Personal Injury Lawyer for Help After an Accident
Even if one attorney turns you down, that doesn’t necessarily mean you lack a valid claim. It might just be too risky for that particular lawyer, or the case may need stronger evidence. Get in touch with an attorney for a free consultation to learn about your legal rights and options.
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