When you approach a lawyer about a car accident case, it might seem like a solid claim, but there are often factors that may lead them to reject it. Contrary to the advertisements you see on television or hear on the radio, not all lawyers are eager to take on every new client. Many reputable firms avoid being labeled as “ambulance chasers” and carefully consider the case’s potential. Lawyers need to evaluate key elements like evidence, liability, and whether the damages are recoverable.
There might be jurisdiction issues or even a conflict of interest. It’s also important to understand that some cases involve only minor injuries or insufficient funds to pursue legal action. While this can be heartbreaking for the clients, experienced lawyers must make decisions based on the critical details and limitations of the case, ensuring that the interest of all involved is protected.
Top Reasons Why a Car Accident Attorney Might Decline Your Case
When it comes to car accident cases, there are often several important reasons why an attorney might decline to represent you. While you may feel you have a good chance of winning or recovering damages, it’s essential to understand that each case is unique. In many cases, a lawyer will evaluate the specifics of your situation and know deeply if it’s worth taking on.
It’s often nothing personal, and even though you may feel confident, there might be factors such as insufficient evidence or limited damages that make the work not worth their time. These are some of the top reasons attorneys choose not to pursue a case.
There are Issues of Liability
Lawyers may decline to represent you in a car accident case if liability is unclear or if proving who caused the injury becomes complicated. When the injured party’s actions may have greatly contributed to their own injuries, the case becomes harder to prove.
Finding a way to establish a clear-cut case can be difficult if there is a dispute over who is at fault. Without solid proof from a witness or a police report to validate your claims, a lawyer might have concerns that the available evidence won’t hold up in court.
The Statute of Limitations has Passed
One of the main reasons a lawyer may refuse to take your car accident case is if the statute of limitations has passed. In many states like Washington and California, there’s a strict deadline for when you can file a claim after an accident. This legal timeframe, known as the SOL or statute of limitations, generally runs for two to three years, but there are exceptions.
For instance, if the victim is a minor or has a disability, the time limit may be extended or suspended. However, once that time runs out, even if the claim is valid, a lawyer will likely decline the case. This is because it often takes time to perform discovery, gather facts, and assess fault.
If the period has expired, the attorney might not have enough time to handle settlement negotiations or filing a lawsuit, especially in complex cases involving negligence, like dog bites, slip and fall accidents, or medical malpractice.
The Attorney has a Conflict of Interest
Sometimes, a lawyer might decline to take on your case due to a conflict of interest. This could happen if they are already representing another party involved in the incident or crash, and they have a moral obligation to protect the interests of their current client. In situations where a conflict of interest arises, the attorney may feel it’s not appropriate to proceed, especially if they have represented one of the other parties in the past or if someone involved in the case is related to them.
The car accident lawyer might also turn down the case if they feel uncomfortable with how it could damage their relationship with past clients or current clients. However, finding another personal injury lawyer in your area can often lead to success, as not every attorney will face the same conflict.
The Defendant Lacks Money
When attorneys review cases, they look at the practical aspects of getting a settlement. One common reason they turn down a case is when the defendant simply doesn’t have the financial assets to compensate for damages. Even if the jury rules in your favor and awards a positive verdict, it won’t mean much if the defendant is unable to pay.
For instance, an uninsured driver or a motorcyclist who has no insurance coverage or personal funds may leave you on the hook for your medical bills, lost wages, and the pain and suffering you’ve endured. This situation feels incredibly unfair, especially when it’s due to someone else’s carelessness.
From personal experience, I’ve seen lawyers take this factor into serious consideration. Even if a case is strong, and you were struck while walking in an intersection, the fact that the defendant lacks adequate resources makes it difficult to secure compensation.
Busy attorneys, especially those in smaller firms, must use their resources and time wisely. They’ll likely decide that pursuing such a case isn’t worth the investment, because despite a solid legal claim, there’s little hope of collecting what’s owed.
The Case Involves a Different Jurisdiction
If your auto collision happened in a different state, the lawyer you contact may not be licensed to practice law in that jurisdiction. Many lawyers handle cases only within their state. If your case involves a different jurisdiction, they might turn you down.
However, they could give you a referral to another attorney who can help. Even if the collision occurred in the same state, some lawyers might still not be able to take the case. They can often advise you on which lawyers are able to help.
Your Case isn’t within Their Practice Area
A personal injury lawyer may not take your car accident case because the personal injury field is a broad umbrella that encompasses many types of cases. Some lawyers focus on niche areas like product liability, false imprisonment, defamation, or sexual abuse, and may not feel comfortable with cases outside their expertise.
If your case doesn’t match their practice areas, it’s best to ask for a referral or do a web search. Many injury lawyers list their types of cases on their website, so check if they have experience handling your specific case before you decide to file.
The Injuries Are Not Sever
When the injuries from a car accident are minor, a lawyer might not be interested in your case. For instance, if someone is only slightly injured, like being bitten by a neighbor’s cat and only needing a single visit to the primary care physician for a bite that was easily treated with a topical antibiotic, it’s not seen as severe. The wound heals without leaving scars, making the situation less urgent.
The lawyer may feel that accepting such a case is not worth it because the potential settlement you’d receive would barely cover medical costs or their fees. It’s common for attorneys to reject cases where the damages and compensation are minimal, as the pain and suffering from negligible injuries don’t justify the work required.
A lawyer evaluates the signs of injury, both physical and emotional, and if they haven’t been proven to seriously impact your well-being, they are likely to refuse the case. After all, no lawyer wants their client to lose money over a small settlement when the circumstances show little financial recovery.
The Insurance Company is Refusing to Pay
When you’re involved in a car accident, it’s frustrating to see a lawyer potentially decline your case, especially when you’re trying to recover the damages you deserve. One major issue could be that the insurance company representing the other party is simply unwilling to pay.
Insurance companies tend to hold back on paying large sums of money unless there is truly compelling evidence that their policyholder was negligent and caused the crash. If the attorney feels that you won’t be awarded a substantial amount, they might decide it’s too difficult to take your case, as the effort may not lead to the results you expect.
There’s a Personality Clash
When dealing with a car accident case, the attorney-client relationship is vital, and it’s likely to last several months or even years. A lawyer may get a sense early on if there’s going to be difficulty in working together and could easily turn away a potential client. Certain red flags make lawyers hesitant, like being insistent about how much settlement you should expect to receive before proper discovery has been done.
If multiple lawyers have already turned down or dropped your case, and you’re vague about why, that’s another sign that could cause concern. If the lawyer feels you’re not being honest or are withholding key information, it makes it hard to trust the facts of your story.
Also Read Related Articles:
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- Uber Accident? Uncover Insurance Loopholes & Legal Secrets!
During the initial consultation, it’s OK to be selective about who you choose to work with. You can always seek another opinion before signing a fee agreement, but the relationship has to be based on clear communication and trust.
Steps to Take if a Lawyer Won’t Take Your Case
If a lawyer declines your case and you still want to pursue justice, there are several steps you can take.
Seek Another Consultation
If your lawyer decides not to take your case, there are a few steps you can follow to still seek justice. Start by scheduling another consultation. Many personal injury consultations are free and without obligation, so you can easily reach out for a second or even third opinion. It’s entirely possible that a different lawyer might handle your case.
Reach Out to the Tacoma Pierce County Bar Association
Another avenue to consider is contacting the Tacoma Pierce County Bar Association. They have a referral line that can connect you with a lawyer who is more suitable for your case. By reaching out through their website or giving them a call, you can learn more about your options and possibly find a lawyer to represent you.
Manage the Claim Yourself
For smaller claims, like minor injuries after a car accident, you might be able to handle it on your own with the insurance company. It’s helpful to manage the process by using resources like the ebook titled “What Insurance Companies Don’t Want You to Know.” This guide can assist you in navigating the claim process effectively.
CLEAR
For those with limited financial resources, CLEAR offers a toll-free legal hotline for low-income families in Washington. You can dial 1-888-201-1014, or 211 if you’re in King County, to get assistance. This service is a lifeline for families needing legal help.
Work It Out With the Person Who Hurt You
Sometimes, it’s best to work things out directly with the person who caused the harm. For instance, if your neighbor’s cat bit you, they might be willing to pay for your medical expenses without involving the courts. In many cases, the at-fault party will be happy to settle things and make it right directly.
Small Claims Courts
If all else fails, you could take the at-fault party to small claims court. This option is available for claims up to $10,000, but you’ll need to consider if it’s worth the time, energy, and filing fees required to go this route. It’s a final option when other efforts haven’t worked.
Contact Us for a Second Opinion
If another firm has turned down your case, don’t give up just yet. You can always contact us for a second opinion. Simply fill out the form on our website or give us a call to discuss your options.
FAQs
Why do some lawyers not take cases?
Sometimes, a lawyer may not take your case because it lacks merit or falls outside their area of expertise. If the attorney feels it’s not economical to pursue, or the client isn’t someone they feel they can effectively represent, they might simply refuse. Even if the lawyer has the practice and skills, they may lack the time or have no obligation to take on every case. Often, there doesn’t even need to be a specific reason for their decision.
What factors might cause a lawyer to decline representation?
A lawyer may choose to withdraw from a case if the client refuses to be truthful or fails to follow their attorney’s advice. If the client makes unrealistic demands, tries to pursue an unethical course of action, or wants to mislead the Court, it creates serious challenges. A lawyer may also step back if the client refuses to cooperate with counsel, or for countless other reasons.
Why are the lawyers reluctant to take the case at first?
When considering a case, many lawyers face tough rejections because they assess whether it has a viable chance of success. If there’s no clear path to recovery, they might be hesitant. The fact is that even if you are severely injured, attorneys must weigh the expenses involved. They simply can’t always afford to bring a lawsuit if there’s no potential to recover those costs, including their fees.