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

If you’ve suffered an injury due to someone else’s negligence, you may want to pursue compensation by hiring a personal injury lawyer. However, finding a lawyer who is willing to take on your case can be challenging. In the United States, injury accounts for over 150,000 deaths and over 3 million non-fatal injuries per year. Despite the prevalence of injury cases, personal injury lawyers are highly selective about the cases they accept due to the time and resources required to build a successful claim. Read on to learn four of the top reasons a personal injury lawyer may reject your case.

1. Your Injuries Are Minor

One of the biggest factors personal injury attorneys will evaluate is the extent of your injuries from the accident. If your injuries are relatively minor, such as cuts, scrapes or bruises, the potential compensation may not be significant enough for a lawyer to justify investing time in your case. According to recent data, the average settlement for a grade 1 soft tissue injury is under $5000. Since lawyers typically take 30-40% of the final settlement amount, small cases often do not make financial sense for them to pursue.

2. There Is Limited Evidence

Building a strong personal injury claim requires solid evidence that proves liability and damages. If the accident details are unclear or there were no witnesses, it can be difficult to prove the other party was at fault. Lack of medical records and treatment history also makes it hard to validate the extent of your injuries and losses. Additionally, if too much time has passed since the accident, critical evidence could be lost. With shaky evidence, a lawyer may not believe there is a reasonable chance of winning compensation.

3. The At-Fault Party Cannot Be Identified

In order to recover damages, your attorney must prove negligence of a specific person or entity. If you do not know the at-fault party, such as in a hit-and-run accident, or the liable party does not have sufficient insurance or assets, it becomes nearly impossible for a lawyer to secure compensation on your behalf. Pursuing a claim against an unknown or uninsured defendant would likely cost more in legal fees than could ever be recovered in damages.

4. You Were Partially at Fault

Contributory negligence laws prevent a plaintiff from recovering damages if they were also partially negligent or responsible for causing the accident. In states with comparative negligence, your compensation amount is reduced by your share of fault. If a lawyer determines you were more than 50% liable based on the circumstances, they will likely decline your case. Even if less than 50% at fault, the reduced potential payout may not be enough for a lawyer to justify pursuing the claim.

While you may have a valid injury claim, finding a qualified personal injury lawyer to handle your case can be difficult without strong evidence, significant damages, and a viable defendant. If your case is declined, explore options like negotiating a smaller settlement yourself or using low-cost legal resources. With patience and persistence, justice may still be served.