Turned Down By an Attorney? Why an Accident Lawyer May Refuse To Take Your Case

Being injured in an accident is stressful enough. You’re dealing with unexpected costs and you want to recover at least some compensation for your damages. 

The last thing you expect is to run into trouble finding an attorney. After all, aren’t accident attorneys in the business of winning cases and making money? 

Even though attorneys want to make a living, this doesn’t mean they’re taking on every case that walks through the door. To help you know what can happen in these situations, here’s a look at the key reasons attorneys refuse a personal injury case.

Issues with the Statute of Limitations

The statute of limitations refers to the amount of time you have to file a personal injury claim. The filing deadline varies depending on the state but typically ranges between two and three years.

What happens if your injury claim has passed its statute of limitations? There’s a good chance you’re no longer eligible to recover compensation. There can be exceptions to the statute. For example, the statute usually doesn’t start for minors until they turn 18.

However, in most instances, a personal injury attorney will decline to take on a case if the statute of limitations has passed. An attorney may also refuse a case if the statute of limitations is reaching its end.

Liability is an Issue

If you’re at fault for the accident, there’s a good chance you’re not eligible to file a personal injury claim. Instead of searching for an attorney to help you pursue compensation, you may need a lawyer to help ensure you’re not paying for more than your fair share of the damages.

However, this can also depend on your state’s insurance laws. If you live in a state that follows comparative negligence rules, an attorney may still take your case even if you’re partially responsible for the accident. Before the attorney decides on whether or not to provide legal representation, they’ll probably look at your percentage of fault.

Comparative negligence generally allows accident victims to recover some compensation, even if they’re partially liable for the accident. Some states, around 12, also follow no-fault insurance guidelines. This means everyone turns to their insurance provider regardless of who’s to blame for the accident. In this scenario, a personal injury attorney may agree to work on your case since you’re filing a claim with your insurance company.

Your Claim Lacks Evidence

Successfully filing a personal injury claim usually means providing plenty of supporting evidence. This typically includes producing a copy of your official accident report, medical records, bills, and receipts for all of your listed damages.

If all you have is a few bills and the claim form from the insurance company, a personal injury attorney may turn down your case. Even a great accident attorney can’t make evidence magically appear so if you can’t provide proof most lawyers will probably walk away from your claim.

Conflict of Interest

While not a common reason, a conflict of interest can pop up in a personal injury claim. When this happens, if attorneys don’t recuse themselves from the case, they may be forced to step away by the court.

An example of a conflict of interest in a personal injury claim is if your attorney has an existing relationship with the defendant. Since everyone is legally entitled to fair legal counsel, the attorney’s prior relationship can be viewed as a conflict of interest. All attorneys are morally obligated to disclose any potential conflicts before accepting a potential client’s case.

Being turned away by an accident attorney because of a conflict of interest doesn’t mean you don’t have a viable personal injury claim. Instead, you simply need to partner with another accident lawyer.

The Case Isn’t in the Attorney’s Jurisdiction

Attorneys can practice in jurisdictions outside of their office location. Some attorneys can even practice law in other states, as long as the lawyer is licensed. Yes, to practice law in another state, an attorney must be licensed. There’s also no law restricting how many states an attorney can legally practice in.

However, it may not be a good idea to work with an accident attorney outside of their jurisdiction. Laws typically vary by state and sometimes even by county and city. To help ensure you have the best legal representation for your personal injury claim, it’s usually best to partner with an attorney from the area.

Limited or No Claim Value

Personal injury attorneys can offer clients a few fee structures. They can charge clients hourly or flat rates. Accident lawyers can also use a contingency fee payment structure. This allows accident victims to retain legal services without paying anything upfront. Instead, the client agrees to pay the attorney a percentage of their settlement.

Contingency fee rates typically range anywhere from 25% up to 40%, and sometimes as high as 50%. Since the attorney is essentially working for free, at least until your case is successfully settled, they pay close attention to the claim’s value. 

If your claim’s value is limited or next to zero, most accident attorneys will probably pass on taking your case. This can also work in your favor. If your claim’s value is limited you may end up handing over your entire settlement check to the attorney.

Your Case Is Outside the Attorney’s Area of Expertise

Personal injury law is a broad term covering all types of accidents. Anything from a medical malpractice or product liability claim to a slip-and-fall or vehicle accident is governed by personal injury law.

However, the law can vary depending on the type of accident. For example, you may not need to prove negligence in a product liability claim but it’s the cornerstone of most other types of personal injury cases.

\Since the law can vary, even slightly, accident attorneys don’t always practice in all areas of personal injury law. An attorney may decline to take your case if it’s outside their area of expertise.

You May Still Be Able to Retain Legal Counsel

Even if a personal injury attorney declines to take your accident claim, you may still be able to retain legal counsel. This often depends on the reason the original lawyer turned you away, so don’t hesitate to try to contact a different attorney to try to take on your case. 

Who knows, the next accident lawyer you meet with may be the perfect parter to help you pursue your personal injury claim.