Suffering an injury through no fault of your own can be devastating, both physically and financially. The logical next step is hiring a personal injury lawyer to help get compensation. However, there are several reasons why a personal injury attorney may refuse to take on a new client’s case.
In this post, Matthew Mincone, one of the experienced Tampa personal injury lawyers at Mincone Personal Injury Lawyers, explains reasons that can help set realistic expectations when seeking legal representation after an accident.
1. Lack of Evidence on Personal Injury Cases
One of the top reasons a personal injury attorney will not accept a potential client’s case is a lack of supporting evidence. Personal injury lawyers need concrete proof, like police reports, medical records, eyewitness statements, photo/video documentation, and other forms of evidence to build a compelling argument for receiving compensation. Most lawyers will avoid cases they deem unlikely to succeed without sufficient documentation proving fault. Notably, in recent years, half of all plaintiffs received $24,000 or less in compensation, illustrating the need for strong evidence to get a significant settlement.
2. Dubious Liability on Personal Injury Cases
Even with ample evidence, personal injury lawyers consider liability when deciding which cases to accept. Liability means how reasonable it is to hold the other party legally responsible for your damages and losses. The personal injury lawyer may decline to represent you if the liability appears questionable or unclear. For example, they may feel the situation was an accident without negligence, or that you were partially at fault. Weak liability makes getting compensation less likely, so attorneys avoid cases where blame cannot be established.
3. Limited Compensation in a Personal Injury Case
Personal injury lawyers weigh the potential compensation amount when considering a new case. Most work on contingency, meaning they only get paid if they win your case. Their fee is also a percentage of the final settlement or court award. If your losses and provable damages caused by the injury are relatively minor, the potential payout may be low. Some attorneys focus on cases where potential compensation is expected to exceed $100,000. If the potential payout is minimal, pursuing legal action may not be financially viable for either you or the attorney. It’s worth noting that between 2019-2023, unintentional falls accounted for over 15% of all accidental injury deaths. The costs of those injuries can be substantial.
4. The Personal Injury Case is Too Complex
Highly complex personal injury cases with medical malpractice, product liability, or other intricacies often require extensive litigation time and resources. Some firms may lack the specialized expertise and manpower for thorough discovery and research, expert testimony coordination, investigation, and trial preparation. If your situation involves technicalities beyond a lawyer’s experience or capacities, they may decline your case and suggest finding one specializing in such complex matters. For example, unintentional poisoning deaths have skyrocketed in recent years, driven by drug overdoses. Finding a personal injury lawyer experienced in these types of cases is key.
While legal representation is crucial for fair compensation, understanding why a personal injury lawyer may decline your case can help you approach the process strategically. Recognizing these factors can refine your approach and improve your chances of securing legal support.
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