Why Your Personal Injury Case Might Not Get Accepted by a Lawyer

When someone gets into a motor vehicle accident, they definitely want to seek justice by holding the at-fault party accountable once they come to their senses. Seeking compensatory money for your damages is the most effective way to do that.  

When you try to seek compensation for damages with the help of a lawyer, sometimes they may not accept your case for many reasons.

We’ll discuss the common reasons why a personal injury lawyer won’t take your case.  

Personal Injury: Minor Injuries  

In personal injury case settlements, the more severe your injuries are, the more compensation you can recover for your damages. On the other hand, when your injuries are just minor, they’re quickly treatable and healable with no long-term effects, so your compensation will be very minimal.  

Remember that the personal injury lawyers work on contingency fees; when the lawyer takes effort to recover such a low amount, they’ve worked at a loss. Taking the case with negligible injuries can hurt a lawyer financially too.  

Failure to Seek Medical Treatment and Lack of Evidence  

If you failed to get immediate medical treatment, it creates a gap in your medical record and evidence record as a whole. This gap allows insurers to argue your injuries weren’t serious and refuse to pay the compensation you deserve.  

Combined with the gap in the medical records, when your case lacks essential evidence, it becomes harder to prove fault and get you fair compensation, so a lawyer may refuse to take your case. 

We’ll discuss the common reasons why a personal injury lawyer won’t take your case.  

You Have a Shared Liability in the Accident  

A lawyer might decline your case if you contributed to the cause of the accident to a certain degree.  

When there is enough proof to demonstrate that you have a shared negligence that led to your own injuries, the insurance companies or the defense attorneys will argue to deny your compensation claim or reduce it to the maximum amount they can.  

The At-Fault Party Doesn’t Have Enough Coverage  

The compensation in your personal injury claims is covered by the at-fault party’s insurance. They should have a proper insurance policy or funds to recover the fair compensation for you.  

When the at-fault party’s insurance policy or funds aren’t enough to cover your compensation, the expenses become your financial responsibility, and a lawyer may not want to take your case.  

When the Statute of Limitations Has Expired  

Every state has a specific deadline to file a personal injury claim. In the legal world, it’s called the statute of limitations. Most states have 1 to 6 years of statute of limitations for personal injury cases. When it has passed the date for filing the claim, your case will get dismissed.  

If there were exceptions like the discovery rule and cases involving minors, some lawyers may take the case to challenge themselves, but many still might turn it down because the statute has expired.  

A lawyer might not take your case if the deadline is so close. There won’t be enough time for the lawyer to prepare themselves to deal with your case and prepare you too.  

The Law Doesn’t Allow the Lawyer to Represent 

There are situations where a lawyer has moral and legal grounds. If the lawyer is representing another party from the same accident or already has represented your at-fault party in the past, this creates a conflict of interest to decline your case.  

The Case Is Outside of the Lawyer’s Jurisdiction  

The lawyer must be licensed in your state to practice law. If the lawyer isn’t licensed in the state where your personal injury claim is filed, they might turn you down because they don’t want to deal with out-of-state claims.

There are situations where a lawyer has moral and legal grounds. If the lawyer is representing another party from the same accident or already has represented your at-fault party in the past, this creates a conflict of interest to decline your case.  

Key Takeaways  

• Minimal compensation for minor injuries creates a loss for lawyers if they take the case.  

• Gaps in medical records and lack of evidence make a weak case, so a lawyer may decline your case.  

• If you contributed to the accident in any way, you get reduced compensation.  

• The at-fault party’s insurance doesn’t have enough funds to cover your damages. 

• The legal deadline for your case has expired or is close to expiring.  

• When a lawyer has a conflict of interest, they may turn down your case.