“Why Won’t a Lawyer Take My Case?”
Insight from a Trusted Long Beach Personal Injury Attorney
If you have been hurt in an accident and are looking to take legal action
against the at-fault party, your first challenge will be finding a capable
attorney willing to take your case and fight for compensation for your
injuries. For some, this can be difficult to accomplish and many potential
clients find themselves waiting to hear back from lawyers they initially
approached, with few answers as to what their legal prospects are.
McGee, Lerer & Associates, we make it a priority to speak frankly to potential clients about their
claim's likelihood of success. We believe that individuals should
be informed about their legal options and—if their case is not suitable
for further action—that they know why we don't want to take
their case. Below are some common reasons why a personal injury claim
may be rejected by a firm. The more reasons that apply, the less likely
a law firm will be interested in your case.
The victim delayed medical treatment. When there is a gap in treatment between the date of the accident and
the first date of treatment, an insurance adjuster will use that gap against
the injury victim in order to justify a low-ball settlement offer. To
the adjuster, a delay in seeking treatment means that the injuries are minor.
The victim can't provide key answers. Busy personal injury firms have to review many cases a day and determine
which cases actually stand a chance at recovering compensation for the
victim. To do that, they need information. When a prospective client doesn't
have key information—or can't provide succinct answers—that
is a warning sign. If litigation were to occur, that prospective client's
story may not hold up under cross examination.
The accident happened too long ago. The longer a prospective client waits to take legal action, the more
opportunity there is for them, or other attorneys, to irreparably harm
the case. There are also statutes of limitation to consider.
There is a history of personal injury claims. If you have made multiple prior injury claims, the at-fault party's
insurance company will use that against you and try to paint you as an
opportunist. Prior injury claims can present a challenge in your present
case. The adjuster will try to argue that your current complaints were
actually caused by a prior accident.
The claim has been shopped to other personal injury lawyers. When a prospective client presents an injury claim that has already been
rejected by ther firms, there is usually a reason it was rejected. If
it is a good case, another firm would have taken it.
Minor damage to your car. If there was only minor damage to your car, the insurance company will
use that against you and argue minor damage = minor injuries. Generally
speaking, car damages of $1500 or less makes it a tough claim.
Lack of witnesses. Particularly with lane change or intersection collisions, a lack of witnesses
can really hurt a case. With no witnesses, the claim becomes a "he
said/she said" situation and alleging and proving fault can be extremely
Soft tissue injuries only. If you have sustained only minor injuries, your injury claim is likely
of limited value, making it less likely a personal injury lawyer can affored
to take you on as a client. The more serious the injuries (broken bones,
hospitalization, surgery, scars) — the more likely a lawyer will
be to invest his/her time and money in working up your case to achieve
maximum settlement value.
Bad impressions. If a prospective client comes off as unlikable, entitled, or insincere,
they hurt their chances of securing personal injury representation. If
your case does not settle and it goes to trial, a jury will have to decide
how much the at-fault party must pay you. If you don't come across
as likeable, that can hurt the value of your claim.
Unrealistic expectations. If a potential client has unrealistic expectations about the value of
their case, that's a warning sign to the lawyer that the lawyer will
never be able to make the client happy.
Even if some of these issues apply to your case, we encourage you to run
your case by a personal injury lawyer. Consultations are free, so there
is no reason not to get an attorney's opinion on the worthiness of
your claim. Even if we decide against taking your case, we will educate
you about the problems with your case, and give you free advice on what
you should do.
We are ready to hear your story. Contact us for a free consultation.