Have you reached out to a few personal injury lawyers only to find that no one seems eager to take your case? It can be frustrating, and the truth is, they rarely explain why they’re passing on your case. But don’t worry, I’m here to shed some light on the common reasons lawyers might be turning you down. Understanding these factors could help you adjust your expectations or even guide you toward a path that gets your case taken seriously.
And if you’re in Fall River and want a straightforward, no-obligation consultation about your personal injury case, reach out to a Fall River personal injury lawyer at our office. We’re always happy to help.
Now, let’s dive into the reasons why you might be hearing “no” from lawyers.
1. Liability Issues
Liability refers to who’s at fault for the injury, and it’s one of the biggest reasons lawyers reject cases. If there’s uncertainty or if it looks like you may share a portion of the blame, it can make a lawyer hesitant. Personal injury attorneys in Fall River prefer cases where the fault is clearly on the other party, making the outcome easier to predict.
For instance, if you had a slip and fall accident, but the hazard was something obvious (like a big, brightly colored object), establishing that the other party was responsible can be tough. Similarly, if you were in a car accident and law enforcement cited you as being partially at fault, many lawyers will see that as a red flag.
Even if you successfully fight a ticket in traffic court, proving liability in a personal injury case can still be a challenge. In situations like this, attorneys may see more risk than reward, especially if you don’t have significant damages.
2. Not Enough Damages
You might have a strong case, but if your injuries or damages are minor, many lawyers won’t feel it’s worth their time. Most personal injury attorneys work on a contingency basis, meaning they only get paid if you win. If your medical bills are low, or your injuries are minor—like some bruises or a minor sprain—the case might not seem financially worthwhile to pursue.
For example, let’s say you have a few hundred dollars in medical expenses. While that’s significant to you, it may not be enough for a lawyer to justify the resources they’ll have to put into the case.
If this is the case, it might make more sense for you to file in small claims court. In Massachusetts, for instance, the limit for small claims cases is $2,500, which could be a better option if your damages fall within that range.
3. Insurance Problems
One key factor personal injury lawyers look at is whether the person or company responsible for your injury has insurance. If the defendant is uninsured, lawyers know that getting compensation could be next to impossible.
You could still try to sue the person and recover money from their assets, but most lawyers know this is often a dead-end road. Few uninsured defendants have the kind of resources necessary to satisfy a judgment, and they’re unlikely to agree to a large settlement out of their own pockets.
4. The Defendant’s Influence
If the defendant is someone with a lot of power or influence—like a politician, a lawyer, or a well-known business owner—you might struggle to find representation. Some attorneys prefer to avoid going up against high-profile defendants, even if your case has merit.
It’s not necessarily a reflection on you or your claim. Sometimes it’s just a matter of lawyers choosing not to rock the boat with certain clients, especially if those defendants could impact their future business. If you’re facing this issue, try expanding your search to attorneys in neighboring towns or cities outside your immediate area, where these conflicts of interest are less likely.
5. Previous Attorney Issues
Have you hired and fired multiple attorneys already? This could be a red flag. Lawyers may assume that if other attorneys have dropped your case, something must be wrong with it, or that you may be difficult to work with.
While this may not be fair, it’s a factor many lawyers consider before taking a case. They don’t want to take on a headache, whether it’s a problematic case or a problematic client.
6. Expired Statute of Limitations
Every state has a statute of limitations for personal injury claims—essentially, a time limit on how long you have to file a lawsuit. In Massachusetts, for example, you typically have three years from the date of the injury to file. Once that time has passed, it’s unlikely that any lawyer will take your case, unless there are exceptional circumstances.
One such exception could be if a minor was involved, or if an injury surfaces years after an accident—like when someone develops an illness due to chemical exposure at work. In these cases, the statute of limitations might be extended, but they’re rare.
7. Conflict of Interest
Sometimes, personal injury lawyers reject cases due to ethical guidelines. If a lawyer has a conflict of interest—whether it’s personal or professional—they’re obligated to turn down the case.
Unfortunately, some lawyers use this as a convenient excuse. In reality, they might not feel confident handling your type of case or they might think your case lacks strength. Rather than getting into the nitty-gritty of why, they’ll just say it’s a “conflict of interest” and move on.
A Free Consultation Can Clear Things Up
Here at Kevin P. Landry Offices, we believe in being upfront with potential clients. If we don’t think your case is a good fit, we’ll tell you exactly why, instead of giving you the runaround. If your case has merit, we’ll walk you through the options so you can make an informed decision.
Our team of experienced Fall River personal injury lawyers is well-versed in various aspects of personal injury law. If your injuries are severe, we can even come to you for your consultation, making the process as stress-free as possible. Reach out to us at 401-751-0101 to schedule your free consultation and find out what’s next for your case.
