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


There were 227,039 preventable deaths in 2022, and 63 million injuries. However, most cases were not reported or filed by any lawyer. 

Why is that so? 

There are two main reasons. 

Firstly, seeking, contacting, and hiring good lawyers for personal injury cases is difficult. Secondly, lawyers can be pretty nonchalant about taking your personal injury case. 

I have analyzed the two reasons in depth here. Please read on to learn more details. You would be spoiled for choice with 48,373 personal injury law firms in the US. 

However, it’s not as apparent as it seems. In other words, most lawyers claim they handle versatile cases, including personal injury. But, in reality, they are rather picky when choosing cases.

Our concern is exploring the viable causes that compel lawyers to deter your personal injury case. 

This article contains expert opinion from  Bill Allen. He is an attorney from Allen Law Firm, P.A., a personal injury firm in Gainesville, FL. 

He has links with every lawyer for personal injury, turning down cases like that. So, he came up with four plausible explanations behind what’s happening. Here is a synopsis of why a personal injury attorney may knock back your case. 

1. Lack of Clear Liability

lawyer for personal injury

Liability is a pivotal factor that intrigues lawyers about a case. If liability is unclear, it is less likely that a lawyer for personal injury will take your case. 

Low liability firstly implies that anticipated and contingent costs are higher. Oft, it happens that the client has an apprehension of clarity. However, the lawyer finds that the case has several uncertainties. 

To understand better, let’s take a few sample cases. 

  • Let’s imagine your car was hit from the back by another vehicle. But, the accused vehicle slipped on water or snow. And it lost control. In that case, the vehicle’s driver won’t be charged guilty. 
  • Hence, it is visible that there is significant uncertainty regarding who is to be accused. Is the defendant the one to share the burden of charges like reckless driving? Certainly, a debate ensues. 
  • Every territory has clear laws on slips, trips, and falls. There are case laws to help interpret complex cases of personal injury due to slips, trips, and falls. Even then, a lawyer for personal injury may reject your case. That means there can still be some unclear liability in cases of slips, trips, and falls. 
    • Imagine you fell on a wet floor in any commercial area. But you can’t shove the liability of your falling on the business. 
    • It might be the on-duty janitor’s fault. The careless management of the facility can also be accused here. 
    • At the same time, you could have fallen because of your careless movement.  

In both cases, some ambiguities are complex to conclude. With that, there is a clear case. 

2. Insufficient Damages

The perception of damage from personal injury varies from person to person. Your perception might not match yours. That same applies to the jury, too. It’s hard to fathom how the jury will award the claimant of a personal injury case. 

However, a lawyer for personal injury, who’s been in business for quite some time, may shed more light on the case. They have witnessed ample personal injury cases. Certainly, they analyzed the patterns followed by the jury, too. 

A lawyer would reject the case upfront if the merit of anticipated recovery is meager. Often, the recovery cannot suffice the anticipated costs of the court case, too. 

The bottom line is that no lawyer would invest time in a failing case. 

2.1 Factors affecting anticipated recovery:

The projected recovery rests on several factors. However, the prime factors are the hospital’s perspective and the claimant’s financial status. 

What the hospital says

In many states, the hospital will file a lien if you’re admitted with an injury there. In other words, the hospital is eager to retrieve any recovery from third parties, like insurance agencies, ASAP. 

Some hospitals make a move only if there is a considerable recovery amount. While others won’t care how much is available. 

They will sue the lawyer if the lien amount is not paid in full. 

Are you hurt and bankrupt?

Imagine you are the claimant in a personal injury case. And you’re bankrupt. Consequently, your authority to file a claim belongs to the bankruptcy estate. 

The expense of contracting a lawyer for personal injury to seek permission from the bankruptcy court to file your case is enormous. It’s time-consuming as well. 

Moreover, the recovery amount (if you win the case) won’t reach your pockets. At first, creditors will get back their dues from your recovery amount.

A lawyer for personal injury is awarded a percentage of the settlement amount. However, if such is the case, the bankruptcy court will decide the share. 

Hence, it’s apparent that no lawyer for personal injury will endure a loss to fight your case. 

3. Pre-Existing Condition Issues

Some people have chronic medical conditions already. That may increase the chances of your injury. For example, you fell on a wet floor. But that was partly due to your poor vision, alongside unwanted obstacles. You can’t expect the court or your lawyer to ignore that. 

So, your pre-existing medical problems count. Most importantly, the case will become complex if it happens. Also, it would be difficult for the personal injury lawyer to frame charges. 

Even if you win the case, the recovery value will be low. You were susceptible to the injury since you had a medical condition already. So that’s partly responsible for your situation too.

4. Poor Credibility

In personal injury cases, your testimony as the victim is crucial. Jurors have to believe your version of events. After that, the jury will award you a recovery value. But we saw that your cae credibility may be low for miscellaneous reasons. 

If that happens, the court will not put its faith in you. 

Alongside other reasons, some people have a criminal record, too. That’s a sure thing to put your credibility at stake. The court will consider that even if you’re booked for petty cases. 

At the same time, the case will become less appealing to the lawyer for personal injury. The reason is that your chance of winning the case will already be low. That’s how poor credibility impacts your case.

The bottom line………..

While these are some of the most common reasons, other case factors exist. The lawyer for personal injury may decline representation on many grounds. 

The good news is that an initial declination is not necessarily the end of the road. However, doing things to address the attorney’s concerns can help. You may seek recommended medical treatment. It will help you better document your damages. Hence, various simulations may probe changes to the lawyer’s intention. 

The crux is being persistent and consulting with several qualified personal injury lawyers. Don’t give up already. With the proper evidence and case merits, you can eventually find an attorney willing to take your injury case.

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