Why Would a Personal Injury Attorney Deny An Injury Case?

There are a variety of reasons why an injury lawyer will not take your case, or may drop your case soon after sign-up. If your expectations of a personal injury claim were up to the few cases that make it onto the major media circuits, you probably believe that every time someone stubs their toe, they fall into a litigation gold mine. You may also get the impression that talented personal injury attorneys will be waiting behind the police or ambulance ready to grab your case. Unfortunately, neither of these beliefs is being true.

In reality, only a small percentage of the thousands of injuries suffered across Texas each year is worth pursuing as a legal claim, even fewer merit a formal lawsuit. This means you should come to a consultation with your lawyer ready for an honest assessment.

A personal injury attorney has to be selective in the cases they accept for a variety of reasons. They must examine each case brought to them and decide if you have a fighting chance, there are times they may deny an injury case. If fault for an accident is not clear, gathering evidence to prove fault will be hard or impossible, you may find that an injury lawyer will not take your case.

To offer you some insight, here are a few of the lesser known reasons why an injury lawyer will not take your case.

Was Your Injury Caused by Negligent Actions of an Party?

Getting hurt on someone else’s property or a business’s premises doesn’t automatically qualify you to file a case. In order to qualify for personal injury damages, you have to show that your injury resulted from the negligence or intentional behavior of some other entity, either a person or a company.

If you were walking distractedly through the mall looking at your cell phone and fell down an escalator, it would be hard to prove negligence against the mall’s property management company. Many attorneys would pass on this case simply because it’s easy to prove you are at fault. Of course, there may be extenuating circumstances, but in general, an attorney would probably turn down your case. In short, if you can’t prove fault, you likely do not have a case.

Insufficient Damages or Insurance Coverage

Pursuing a personal injury case requires allocating resources, such as clerical costs, deposition fees, professional analysis and testimony, expert witness fees, filing fees and documentation fees. If your case isn’t viable, your attorney has to shoulder these costs with little hope of a settlement.

To be blunt, if there aren’t sufficient recoverable damages or the at-fault party doesn’t have the resources or insurance coverage to pay, then a lawyer may pass on the case. Cases with no insurance coverage are often best handled in small claims court given there’s a high probability the defendant is judgment proof.

Red Flags for Attorneys in Personal Injury Cases

Any good attorney will expect you to do a little shopping around for the right lawyer to handle your case. However, if they sense that you have talked to dozens of attorneys looking for the biggest guaranteed settlement, then they might be reluctant to take your case. By the same token, if they feel you have an exaggerated expectation of what your claim is worth, they might not want to become involved.

Call Us if You Have Questions Why and Injury Lawyer Will Not Take Your Case

If you have been injured in Texas and would like to a free consultation contact Thompson Law at 844-308-8180. We can help answer any questions you may have, and let you know if we are able to help you with your personal injury case.

Businessman is pressing on virtual screen and selecting Free consultation. Reasons why an injury lawyer will not take your case

Recent Post

Photo of car accident on road. How to Determine Who is at Fault in a Texas Car Accident

What to Do After A Car Accident in Texas

After a car accident, it is essential to remain composed and follow certain steps to safeguard your rights. These steps will not only ensure your safety but also help you

Read More

Mallet

How Does the Personal Injury Claims Process Work?

Suppose you or a loved one have been injured by some else’s negligence in an accident like a motor vehicle crash, workplace accident, or slip and fall. You might decide

Read More

Car Wreck Lawyer

When To Get A Car Wreck Lawyer

Following a car accident, you may be asking yourself, “When do I need a car wreck lawyer?” The answer: It is always worth contacting a car accident attorney. Start by

Read More

Personal Injury Claims

How Long Does a Personal Injury Lawsuit Take in Texas?

The first question that many new clients ask when they are beginning the process of hiring a personal injury claims lawyer is, “how long is my personal injury case going

Read More

Fire hydrant on sidewalk

How Close Can You Park to a Fire Hydrant? Complete State-by-State Guide in the U.S.

Most of us know that parking directly in front of a fire hydrant is unsafe. In the event of a fire, obstructing access to a fire hydrant could impede the

Read More

concept of "Time Passing" with the changing seasons displayed in a single frame.

How Long Do Personal Injury Claims Take?

When it comes to personal injury claims, one of the most common questions is, “How long will my personal injury claim take?” Understanding the personal injury case timeline is important

Read More

Lawyer meeting with couple AdobeStock 292580462

How to Find a Personal Injury Lawyer Who’s Right for You

Finding the best personal injury lawyer for your case is the most critical factor in the success of your case and the level of your settlement. A study published by

Read More

Thompson Law Guarantee

Thompson Law receives an attorney fee and you pay no legal fees as our client unless we pay you. Thompson Law has 350 years of combined experience in legal representation and has won over $1.8 billion dollars in cash settlements for our clients. We master the art of managing client cases with empathy, compassion, respect and, of course, prodigious skill. Contact us today for a free, risk-free consultation to discuss your accident and your options.

State law limits the time you have to file a claim after an auto accident. If you have been injured in an accident, call now to get the help you need.