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4 Reasons Why a Personal Injury Lawyer Will Not Take Your Case

Published in Personal Injury on November 18, 2021

Reading Time: 3 minutes

If you have been injured in an accident that you believe resulted from someone else’s negligence, you may be able to recover compensation for your medical bills and other such losses. You can pursue said compensation by filing a personal injury insurance claim or lawsuit.

It is highly advisable to schedule a free consultation with a personal injury attorney before doing so. In these circumstances, working with a lawyer can boost your chances of arriving at a fair settlement or being awarded damages in court.

However, after your consultation, an attorney may decide not to take on your case. Below are 4 reasons why a personal injury lawyer will not take your case.

Questions of Fault

In most personal injury cases, it is necessary to prove another party’s negligence caused a victim’s injuries. If it appears there is minimal evidence to suggest that your accident genuinely resulted from the actions or carelessness of another party, an attorney may decide your case is not worth their investment of time and money.

This highlights an important point. Some operate under the misconception that personal injury attorneys will lie to potential clients, telling them they have valid cases when they do not. Some make this assumption because they believe personal injury lawyers simply want to take their clients’ money.

That’s not the case. Most personal injury lawyers enter into contingency fee agreements with their clients. With this type of arrangement, a lawyer’s fee is a percentage of the compensation they recover. If they do not recover compensation for a client, they will not be paid. Thus, they are not incentivized to take on cases that cannot be won.

The Statute of Limitations Has Expired

The statute of limitations varies from one state to another and from one type of case to another. In general, the statute of limitations establishes a timeframe within which an injured party may take legal action.

For example, in Massachusetts, the statute of limitations for most personal injury cases is three years. That means if a victim fails to take legal action within three years of being injured, they will have forfeited their right to compensation.

It is important to consult with an attorney sooner rather than later if you believe you have a valid case. If the statute of limitations expires, a lawyer will not be able to help you.

Your Injuries Are Not Serious Enough

Personal injury cases cost law firms money, at least at first. A lawyer has to make a business decision when choosing whether to take on a case. Even if someone else did cause your accident, if your injuries are fairly minor, a lawyer might decide they cannot justify devoting time to your case. 

Again, how much money a lawyer makes on a case depends on the amount they recover for a client. If your injuries are minor, the payout will likely be too low for an attorney to feel your case is worth taking on. They will potentially lose money on your case when they account for the time and effort they would have to spend on such processes as conducting an investigation and negotiating for a fair settlement.

You Made Certain Errors

Insurance companies are not inclined to pay claimants any more than they have to. Insurers often use a range of tactics to minimize how much they end up paying out.

For instance, insurance companies can monitor claimant behavior to determine if they’ve made any errors that can minimize the value of their claim. An example of such a mistake would be ignoring a doctor’s recommendations. When seeking compensation, you have a responsibility to mitigate your injuries. Failure to abide by a doctor’s orders can render your case unwinnable. At the very least, it can significantly reduce the amount you may settle for.

This is not to say you shouldn’t review your case with a personal injury lawyer in Boston if you believe you have grounds to file a claim or lawsuit. You must simply understand that in some circumstances, an attorney might decide your case is not one they are able to pursue.

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