Trying to find a lawyer to take your personal injury case can be easier said than done. If you’ve been injured in a car accident that was someone else’s fault, for example, you’ll want to find a lawyer who can get you compensation for your injuries as soon as possible. But that lawyer also has to want your case.
Personal injury lawyers reject cases for all kinds of reasons. Let’s take a look at some of the most common explanations and what your options are when you can’t find a lawyer to take your case.
Reasons Why a Personal Injury Lawyer Might Turn Down a Case
Imagine that you’ve put together a list of potential personal injury lawyers to handle your slip and fall claim. You set up a consultation with the first lawyer on your list. You want to hire the lawyer, but the lawyer rejects your case.
Before you can decide on your best next step, you need to figure out why the lawyer declined your case. You can—and should—ask the lawyer for a reason. Here are some of the most common responses you'll hear.
Fault Will Be Hard to Prove
Lawyers turn down personal injury cases when there's no way to prove that another person or entity is liable (legally responsible) for the harm you’ve suffered.
For example, let's say you slipped and fell in a store. You were in a hurry at the time and a little embarrassed to have fallen, so you didn’t report the fall to anyone in the store. Later that day, your knee swelled up and stiffened. It turns out that you tore your meniscus in the fall. You may have a tough time getting an attorney to take your case. The physical evidence of what caused the fall will likely be long gone and it'll be hard to track down potential witnesses days or weeks after the fall.
Similarly, if you’ve been in a car crash with no witnesses or physical evidence that proves that another driver was at fault for the car accident, you might have trouble finding a lawyer.
Personal injury lawyers typically take cases on a contingency fee basis, which means that the lawyer’s fee is a percentage of what you ultimately receive in compensation. If you don't get any compensation, you don't have to pay your lawyer a fee. Most lawyers won't roll the dice on a case they don't think they can win.
Your Case Isn’t Worth the Time and Expense
Even if a lawyer thinks that you can win your personal injury case, the lawyer will probably turn your case down if the amount of damages you’re likely to win is small.
A lawyer has to consider overhead costs, the costs associated with pursuing a personal injury case, and the real risk that the lawyer won’t earn a fee if you don’t win a settlement or court award.
For example, the value of a personal injury claim is often linked to your medical expenses. If your injury was minor and you didn’t see a doctor, the value of your claim is likely low and you might not be able to find a lawyer to take your case.
The Statute of Limitations Has Passed
Each state sets a strict deadline for filing a personal injury lawsuit, called the “statute of limitations.” If you try to file a lawsuit after the statute of limitations has passed, a judge will almost certainly dismiss your case.
The statute of limitations in personal injury cases ranges from as short as one year to as long as six years, depending on the state and type of claim. Learn more about the details of the statute of limitations where you live.
If the statute of limitations has passed or is quickly approaching in your case, a lawyer probably won’t want to take your case.
Your Case Is Out of the Lawyer’s Area of Practice
Lawyers often specialize in certain types of cases. If you try to hire a car accident lawyer for a medical malpractice case, the lawyer might decline your case and suggest you talk to a lawyer who has expertise in that area.
A lawyer might also decline your case because it has to be filed in a place where your lawyer isn’t licensed to practice. For example, if your case has to be filed in New York and you want to hire a lawyer who is licensed to practice in California, that lawyer probably won’t be able to help you.
There Is No Source of Recovery
Even if you have a strong case and your potential compensation is high, a lawyer might reject your case if there is no clear way to recover the money.
For example, if you were rear-ended by an uninsured driver, a lawyer might turn down your case. You might be able to win a judgment, but you probably won’t be able to collect it unless the driver has significant assets. Even then, a lawyer might not be willing to take the risk or have to take on the extra burden of collecting the money.
You’re Not a Good Match
Sometimes you and a prospective lawyer just aren’t a good match. Maybe your personalities clash or you don’t feel comfortable with each other. Or maybe the lawyer fears that you will be a difficult client or have unrealistic expectations.
Just as there are perfectly good lawyers you wouldn’t want to hire, you may be a perfectly good client with a perfectly good case who just isn’t the right fit for this particular lawyer.
What to Do If a Lawyer Won't Take Your Case
You have options when you’re having trouble finding a lawyer who will take your case. Here are a few to consider:
- Don’t give up right away—get a second opinion. Getting rejected by one personal injury lawyer doesn’t necessarily mean that no lawyer will take your case. A case that doesn’t seem winnable or worthwhile to one lawyer might look very different to another. Most personal injury lawyers offer free consultations. It doesn’t hurt to get a second or third opinion. Getting a second opinion is especially important when the stakes are high. For example, if you have a complex medical malpractice case that you think is potentially worth as much as $250,000, you'll definitely want to talk to more than one lawyer about it. On the other hand, if you're looking to sue someone over a fender bender, you might not want to waste your time consulting with a bunch of lawyers who aren't likely to take your case.
- Ask for a referral. If your case is outside a lawyer’s practice area or doesn’t make economic sense for the lawyer or law firm, ask for a referral to a lawyer who might be a better fit.
- Ask about alternative types of fee arrangements. If your case is too small for an attorney to take on a contingency basis, ask if you can hire the lawyer on an hourly basis to give you advice while you represent yourself.
- Consider small claims court. If your claim is under a certain dollar limit, you might be able to file it yourself in small claims court. Dollar limits vary from state to state. Learn more about the small claims court dollar limit in your state.
Next Steps
Before you decide on a path forward, learn more about choosing the right personal injury lawyer and representing yourself in a personal injury case. If you decide to keep searching, you can connect with a lawyer directly from this page for free.