4 Reasons Why a Personal Injury Lawyer Will Not Take Your Case

Many people who suffer an injury expect that hiring a personal injury lawyer will be easy. However, most experienced personal injury lawyers are selective about the cases they take. They invest much time and money into each case, so they must carefully evaluate the risks and potential rewards before agreeing to representation.

To put this into context, statistics show that around 39.5 million personal injury cases needing medical treatment occur in the United States every year. That comes out to approximately 126 cases for every 1,000 Americans annually. With such a high number of potential cases, it is not feasible for lawyers to accept them all.

Here are four of the most common reasons a personal injury lawyer may decline to take your case, according to Bernard E. Layne, a personal injury lawyer in Columbus, OH.

Unclear Liability

In personal injury law, liability refers to fault. To recover damages, your lawyer must prove the defendant is legally liable for your injuries. If liability is unclear, it will be difficult to prove your case and obtain a favorable verdict or settlement. For example, if you slip and fall in a store—over 1 million Americans suffer a slip and fall each year—you must show the owner failed to maintain safe conditions. If you cannot prove exactly what caused your fall or how long the hazard existed, the store may not be liable. Since proving liability will be an uphill battle, many lawyers will avoid cases with questionable liability.

Low Policy Limits

Most personal injury claims are paid by insurance policies. If the at-fault party has only minimal coverage, financial recovery will be limited even if you win. For severe injuries, a policy limit of $30,000 or $50,000 may not adequately compensate the victim. From a lawyer’s perspective, investing time and resources in a case that cannot pay more than a minimal settlement often makes little economic sense.

Poor Damages

Juries determine damages (monetary compensation) based on the severity of injuries and effects on the victim’s life. Although there were 3,740 mild soft tissue injuries reported in workplace accidents in 2020, they rarely result in large verdicts. Cases involving minor sprains, minor cuts, or brief pain generally have low settlement value. Severe, permanent injury typically yields higher damages. If a lawyer does not expect your case to result in substantial compensation, the risk of accepting your case may outweigh the potential reward.

Problematic Evidence

The strength of evidence can make or break a personal injury claim. Witnesses, medical records, accident reports, and other documentation prove liability and damages. If the evidence is unclear or contradictory, it becomes harder to establish your case. For example, gaps in medical treatment or conflicts between your doctors’ opinions may undermine your injury claims.

Poor documentation or lack of independent witnesses can also weaken evidence of liability. Since problematic evidence increases the risk of losing, many lawyers reject these cases.

Personal injury lawyers are advocates, but they also run businesses. They cannot afford to accept cases that are unlikely to succeed or have limited financial potential. While you may feel wrong, a personal injury attorney needs strong evidence and damages to warrant accepting your case. If one lawyer refuses your case, seek a second opinion, but understand it may be an uphill battle.

It’s important to note that just because a lawyer declines to take your case does not necessarily mean you do not have a valid claim. You may need to find the right lawyer.