You’ve been injured in an accident and see a lawyer with the plan to file a personal injury lawsuit. You’re surprised when the lawyer doesn’t take the case.
Here are 8 reasons an attorney might decline your personal injury case:
- There is a conflict of interest on the lawyer’s part, which requires them to decline the case.
- Their schedule is too full to devote the necessary time and resources to your case.
- The time limit expired. Most states have a statute of limitations in which a case must be filed. If not, it won’t be considered.
- Your injury is not significant enough, or the damage is not measurable.
- No one was at fault (or it was your fault). Sometimes accidents just happen. A lawsuit will only be considered if it can be proved your injury was caused by negligence on someone else’s part.
- You have done something that undermines the success of the lawsuit.
- The outcome is unlikely to be worth the time and expense involved. For most personal injury cases, the lawyer is paid a percentage of the damages awarded. If it’s unlikely the case can be won, or if the likely payout will be small, it doesn’t make good business sense to try it.
- The case is outside the lawyer’s realm of specialization. For example, it’s possible the lawsuit would be better served by an attorney who specializes in medical malpractice rather than personal injury.
It’s OK to ask why the lawyer chose to decline your personal injury case
If a lawyer declines to take your case, it’s fair to ask why. In fact, you should. If the reason is personal, like a conflict of interest, you can try another attorney. If the lawyer doesn’t believe your case meets the requirements to file a lawsuit, you can get a second opinion. If more than one attorney agrees the case doesn’t meet the threshold or is unwinnable, you can save yourself the aggravation of pursuing it.
We have extensive experience with personal injury lawsuits and would be happy to meet with you to determine if you have a case worth pursuing. If so, we’ll work closely with you to get the best possible outcome. Contact us today.