It may come as a surprise that attorneys don’t take every case that comes through their door.
There are a variety of reasons for this, but it usually comes down to the viability of the claim.
However, some attorneys simply reject cases based on scheduling conflicts or other operational reasons.
So, you may be wondering how to get a lawyer to take your case. Ultimately, it comes down to the facts surrounding your claim.
Here are some reasons a personal injury attorney may reject your case and the steps you can take before reaching out for consultations.
If you have questions, please contact the personal injury attorneys at River Run Law today.
1. The Statute of Limitations for Your Case Expired
Every personal injury case has a statute of limitations, whether it’s a car accident or a slip and fall. This time limit dictates how long a claimant has to file a lawsuit following their injury.
While most cases settle before ever reaching court, this is an important date because it serves as your leverage. The court will reject your case if you don’t file before the time limit expires.
Insurance companies know this fact, so they do everything they can to delay the claim.
Ultimately, they hope the deadline for the statute of limitations passes, resulting in you forfeiting your right to compensation.
For this reason, an attorney is unlikely to accept a case where the statute of limitations has already.
2. You Have Only Minor Injuries or Vehicle Damage
The foundation of any personal injury case is the severity of injuries caused to the victim.
Based on this, it’s not surprising that many attorneys refuse to take cases involving minor injuries or just vehicle damage.
Since many personal injury attorneys work on a contingency fee basis, they don’t receive payment unless they win a case. In addition, cases take several months to settle.
So, what does this mean for them? If a case has low value, it’s unlikely that the effort put toward it would be worth the time.
In addition, most insurance policies in this scenario sufficiently cover the damages, which means that hiring an attorney isn’t necessary.
3. The Defendant Doesn’t Have Enough Financial Resources
One thing to remember about personal injury compensation is that the money has to come from somewhere.
In cases where the defendant has no insurance coverage, plaintiffs are unlikely to receive much.
This is because those who don’t carry insurance often don’t have enough financial resources to cover damages. As a result, your lawyer wouldn’t receive payment for taking the case either.
4. The Attorney Isn’t Experienced in Your Case Type
Sometimes people find attorneys based on word of mouth or personal recommendations. However, not all attorneys accept all types of cases.
If you happen to consult with a bankruptcy lawyer about a personal injury claim, they will probably reject the case.
In fact, even if you find a personal injury attorney, they might not have experience with your specific case type.
If an attorney doesn’t know the legal intricacies of your specific personal injury incident, they may reject your case.
5. Liability in the Case Is Unclear
A common question that plaintiffs ask is, Do I have a personal injury case if I’m at fault? Ultimately, it depends on your level of fault and the negligence laws in your state.
For example, the state of Virginia follows a pure contributory negligence rule. This means that if the plaintiff shares even 1% of the fault, they may not recover any compensation.
As a result, if there is any question of liability, an attorney may turn you away due to the high risk, but it is always worth a free consultation to know for sure.
6. There Is a Conflict of Interest
Although this situation is rare, a lawyer may reject your case simply because it’s a conflict of interest.
One example is if you consult with the attorney representing the other side of the case (like the insurance company).
This happens even with cases that have strong evidence, so don’t be too discouraged. In this circumstance, it’s just best to move on to consultations with other attorneys.
How to Get a Lawyer to Take Your Case
While the consultation process may seem intimidating, don’t assume that you don’t have a case. Instead, try to prepare as much information as possible.
This includes medical treatment records, photographic evidence, witness testimony, accident reports, and any other source that helps substantiate your claim.
What to Do When Your Lawyer Drops Your Case
If a lawyer turns you down, just remember that it’s not personal. However, it provides an opportunity to understand why they dropped your case.
Take some time to ask questions about their decision and take notes. This will help if you need to take your case to another attorney.
What If No Lawyer Will Take My Case?
After receiving a few rejections from different attorneys, you may think you don’t have a case. Despite this, we recommend you keep inquiring about your case.
Lawyers often turn away plaintiffs with good cases, so it’s not always an indicator of your case’s viability. You may be surprised once you finally find an attorney willing to represent you.
Wondering If You Have a Case? Contact a Personal Injury Lawyer Today
In your quest on how to get a lawyer to take your case, you may not know where to start. Here at River Run Law, we understand how stressful managing a claim on your own can be.
With honors from the National Trial Lawyers and Super Lawyers, we put our clients first every step of the way.
This means finding them quality medical care and aggressively advocating for their recovery. To us, nothing is more important than being a trusted legal resource for our community.
To schedule a free consultation, please call us at (828) 414-8614 or contact us online. We happily serve clients throughout Virginia.
Brooke Alexander
Brooke graduated from the University of Richmond School of Law after receiving her undergraduate degree from the University of North Carolina at Chapel Hill. Brooke worked for five years in private practice with a law firm specializing in insurance defense litigation before becoming the trial litigator for Allstate Insurance Company in the metro Richmond area.
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