Why Some Lawyers Refuse To Take Certain Injury Cases
You’ve called several law firms about your injury case, and each one has declined to represent you. The rejections feel personal and frustrating, especially when you’re dealing with real injuries and financial hardship. But attorneys decline cases for legitimate business and legal reasons that have nothing to do with whether you deserve compensation.
Our friends at Deitch + Rogers evaluate dozens of potential cases each week and accept only a fraction of them. A wrongful death lawyer must make strategic decisions about which cases the firm can effectively handle, and understanding these reasons helps you know what to do next.
The Economics Of Contingency Fee Cases
Most personal injury attorneys work on contingency, meaning they only get paid if they win your case. The firm advances all costs for investigation, medical record retrieval, depositions, and expert witnesses. If the case loses, the firm absorbs these expenses and receives no payment for hundreds of hours of work.
This business model requires careful case selection. Attorneys must evaluate whether the potential recovery justifies the time and expense investment. A case with $5,000 in damages might be legitimate, but it doesn’t make financial sense when litigation costs alone could exceed that amount.
Small cases with clear liability often get turned away not because they lack merit, but because the economics don’t work for contingency representation. These cases might settle well with an attorney working hourly, but few injured people can afford to pay attorneys by the hour.
Statute Of Limitations Has Expired
If you’ve waited too long to pursue your claim, attorneys will decline your case immediately. Once the statute of limitations expires, courts will dismiss the lawsuit regardless of how strong the evidence is.
Lawyers have no way to overcome this deadline. Taking a case with an expired statute of limitations would be malpractice because the case cannot succeed. Even if you have a sympathetic situation and clear liability, missing the filing deadline makes the case unwinnable.
Liability Is Too Unclear
Cases with disputed liability require extensive investigation and often go to trial. If the evidence doesn’t clearly establish who caused your injuries, even a well-resourced firm might decline the case.
Factors that create liability problems include:
- No police report or accident documentation
- No witnesses to corroborate your version of events
- Conflicting accounts of what happened
- Shared fault that might exceed your state’s threshold
- Defendant claims you caused the accident
- Physical evidence that contradicts your story
Attorneys must honestly evaluate whether they can prove the defendant’s negligence. If liability looks questionable, most firms will decline rather than invest resources in a case with poor odds of success.
Damages Are Too Speculative Or Minor
Personal injury cases require proof of damages. If you weren’t treated by a doctor, have no medical bills, missed no work, and suffered no lasting effects, you don’t have compensable damages under the law.
Some people contact attorneys immediately after accidents before seeing doctors or developing symptoms. While getting legal advice early is smart, attorneys often can’t commit to representation until the injury picture becomes clear. You might have a claim, but it’s too early to evaluate.
Similarly, very minor injuries with minimal treatment often get declined because the potential recovery doesn’t justify litigation costs. A single emergency room visit with no follow-up treatment rarely supports the expense of formal legal action.
The Defendant Has No Insurance Or Assets
Winning a judgment means nothing if you can’t collect it. If the person who injured you has no insurance coverage and no personal assets, pursuing litigation is futile. You might win in court but never collect a dollar.
Attorneys investigate whether defendants have the financial resources to pay a judgment before taking cases. An uninsured defendant working a minimum wage job with no property creates an uncollectible case that wastes everyone’s time.
The Case Falls Outside The Firm’s Practice Area
Personal injury law includes many subspecialties. A firm that handles car accidents might not take medical malpractice cases, which require different knowledge and resources. Medical malpractice demands physician experts, understanding of medical standards, and familiarity with complex regulations.
Similarly, product liability, toxic exposure, and aviation accident cases require specialized knowledge. Attorneys ethically must decline cases where they lack the experience to provide competent representation.
Conflicts Of Interest Prevent Representation
Lawyers cannot represent clients with interests adverse to current or former clients. If the defendant in your case is someone the firm represents or has represented, they must decline your case.
Geographic conflicts also arise. If your case involves suing a local business that the firm has worked with, ethical rules might prevent representation.
The Case Requires Resources The Firm Doesn’t Have
Complex cases need substantial financial investment for experts, depositions, and investigations. Smaller firms might decline cases requiring six-figure litigation expenses they can’t afford to front.
Medical malpractice and product liability cases routinely cost $50,000 to $150,000 or more to properly litigate. Firms without sufficient capital reserves can’t take these cases regardless of their merit.
Prior Attorneys Have Withdrawn
If several attorneys have already withdrawn from your case, new lawyers will be wary. Multiple withdrawals suggest problems with the case itself or difficulties working with the client.
Attorneys want to understand why previous counsel left. Sometimes legitimate reasons exist, but a pattern of attorneys withdrawing raises red flags that make new firms hesitant.
The Client Has Unrealistic Expectations
During initial consultations, attorneys evaluate not just the case but also the potential client. If someone has completely unrealistic expectations about case value or timeline, experienced attorneys recognize this will create problems.
Clients who demand specific outcomes, refuse to listen to legal advice, or seem likely to be difficult throughout the process often get declined. The attorney-client relationship requires trust and cooperation that some personalities don’t support.
Medical Treatment Doesn’t Match Claimed Injuries
When someone claims severe injuries but their medical records show minimal treatment or large gaps in care, attorneys question the case’s credibility. Inconsistencies between claimed suffering and actual medical treatment create proof problems.
If you told doctors at the scene you felt fine but now claim serious injuries, that inconsistency will be used against you at trial. Attorneys evaluating cases look for these red flags that make cases harder to win.
The Case Has Bad Facts That Hurt Sympathy
Some cases have technical merit but involve facts that make juries unsympathetic. If you were engaging in questionable behavior when injured, even if technically the defendant was at fault, juries might not award adequate compensation.
Attorneys consider how juries will perceive both the case and the client. Cases with bad optics often get declined because they’re too difficult to win regardless of legal merit.
What To Do If Lawyers Decline Your Case
Being declined doesn’t necessarily mean you lack a valid claim. It might mean your case doesn’t fit that particular firm’s practice area, financial model, or current capacity.
Try contacting attorneys who focus on your specific type of case. A firm that declines medical malpractice cases might refer you to one that handles them exclusively. State bar associations maintain referral services that can connect you with appropriate attorneys.
Consider whether your case might resolve without formal litigation. Small claims court handles disputes up to several thousand dollars without requiring attorneys. Direct negotiation with insurance companies sometimes works for straightforward cases.
Finding The Right Representation
Case acceptance decisions reflect business realities and practice limitations, not judgments about whether you deserve compensation. We evaluate each potential case individually based on liability, damages, available insurance coverage, and our ability to effectively represent the client’s interests. If you’re having difficulty finding representation, reach out to discuss your situation and whether we might be able to help or direct you to appropriate resources.
