After being injured in an accident caused by someone else’s negligence, such as slipping on a spill inside a grocery store (5.1 per 100 employees were injured in 2021) or tripping over a loose paving stone on a sidewalk (slip and fall accidents affect 1+ million people per year), many people consider hiring a personal injury lawyer to help them get compensation. However, you may be surprised to find out that not all personal injury attorneys will agree to take on your case. Here are 4 common reasons why a personal injury lawyer may decline representing you.
You Do Not Have Significant Injuries
While car accidents cause 56,864 TBI hospitalizations each year, less serious whiplash injuries are far more common, affecting 3 million people annually. One of the primary factors personal injury lawyers evaluate is the extent of your injuries and damages. If your injuries are relatively minor and you did not incur substantial expenses for medical treatment or miss significant time from work, the potential compensation may not be enough to justify the lawyer’s time. Many personal injury lawyers have minimum thresholds for property damage, medical bills, lost wages, or overall suffering before they will take a case. If your injuries and losses do not meet these criteria, most personal injury lawyers will not see enough potential compensation to make the case worthwhile.
Liability Is Unclear
In personal injury claims, you must prove the other party was legally at fault through negligence, reckless behavior, or intentional harm. If fault and liability are ambiguous, proving your case becomes challenging. For example, if you have limited evidence about how a car accident occurred or there are credible competing accounts of what happened, it casts doubt on your ability to win compensation. If a lawyer believes it will be too difficult to establish clear legal liability and causation, they likely will not take the case.
The Statute of Limitations Has Expired
Each state has strict statutes of limitations dictating how long you have to file a personal injury lawsuit after an accident. This window is typically between 1-6 years depending on the jurisdiction and type of claim, with car accidents in Georgia subject to a two-year statute of limitations. Lawyers will not accept cases where the statute of limitations has already expired, as this makes the claim invalid. It is important to consult with an attorney soon after your injury so your rights can be fully evaluated and protected.
You Were Partially at Fault
Most states follow some type of comparative negligence rules, where a plaintiff’s compensation is reduced by their own percentage of fault. So if you were deemed even partially responsible for causing your injuries, such as by texting while driving, it weakens the case. Some lawyers may decline cases where the plaintiff appears to hold significant fault, as it jeopardizes the ability to recover full compensation.
While many legitimate personal injury claims are declined by lawyers, do not get discouraged. Be prepared to explain your situation clearly and provide supporting evidence. Thoroughly researching qualified attorneys in your area and consulting with multiple firms increases your odds of finding one willing to represent you. With persistence and diligence, justice for your injuries is still attainable.
