You attended a free case evaluation and spoke directly with a local Personal injury lawyer. You explained what happened and discussed your injuries. At the end of the meeting, you were shocked to discover the lawyer wasn’t interested in taking your case. What happened? Knowing why a personal injury attorney won’t take your case is important for your future and personal peace of mind. Here are a few reasons why an attorney may have rejected your case:
You’re Contacting the Wrong Attorney
It’s possible that a lawyer won’t take your case because you contacted one without experience in your type of claim. During your search for the right attorney, make sure you find one who lists the practice area that’s appropriate for your type of accident. If you’re trying to start a medical malpractice claim, for example, don’t contact a lawyer who only has experience handling car accident cases. Odds are, this lawyer wouldn’t take your case. Search for prior experience handling cases that are similar to yours.
You Don’t Have Enough Damages or Losses
In most cases, attorneys don’t offer their services for free. Instead, they work on contingency-fee bases, in which they subtract their attorney’s fees from their clients’ compensation awards upon successfully completing the case. You may be hearing “no’s” from lawyers if you were in an accident but only suffered minor injuries or damages. Your case probably isn’t worth enough to make hiring a lawyer worthwhile. If you think this is the reason you can’t get an attorney, consider trying to negotiate an insurance settlement without a lawyer.
There Is No One Liable for Your Accident
Many people mistakenly assume there is always someone liable for their accidents and personal injuries. Unfortunately, this isn’t always the case. Depending on state laws, there may not be any person or entity legally responsible for your damages. You must have four main elements to prove most personal injury cases:
- Someone else owed you a duty of care.
- That someone breached his or her duty to you.
- The breach of duty caused your accident.
- You suffered damages as a result.
Sometimes, accidents are no one’s fault. You may have gotten hurt due to an act of God, such as bad weather. Perhaps a tree limb from your neighbor’s property fell and hit you, but your neighbor was responsible in his efforts to trim the tree. Perhaps your own actions led to the accident more than anyone else’s. The bottom line: Not all claims are grounds for personal injury lawsuits.
Your Case is Too Small (or Too Big) for the Lawyer
After a lawyer turns you down, consider that maybe your case is too big or too small for that particular law firm. Some boutique firms don’t have the resources or experience to handle high-value claims or those that need to go to trial. A major firm might not accept claims beneath a minimum value. Shop around for a law firm that takes on cases that are the same caliber as your own to optimize your odds of an affirmative answer. An appropriate-sized firm can benefit you by offering the right kind of help, personal attention, and price for your unique claim.
AARON A. HERBERT
Aaron A. Herbert is a highly regarded trial lawyer known for his aggressive advocacy on behalf of seriously injured clients in major accidents and industrial catastrophes. With over a decade of experience, he has built a reputation for securing significant verdicts and settlements, often under confidentiality agreements. He emphasizes passion, preparation, and persistence in his practice, aiming to maximize case value while minimizing litigation stress for his clients. As seen in Justia and Yelp.
