ESPANOL
Experiencing a personal injury does not automatically mean you have a personal injury case. At George Sink, P.A. Injury Lawyers, we are committed to helping clients pursue justice and fair compensation, but there are certain key factors that must align for us to be able to take on a case. Reasons why a lawyer won’t represent you include insufficient evidence, unclear liability, or a case value that doesn’t meet the necessary thresholds for litigation.
If you’re unsure whether you have a personal injury case, our team is here to analyze the details of your accident and discover if we can help you seek maximum compensation. Contact George Sink, P.A. Injury Lawyers, for a free, no-obligation consultation. Let us provide you with personalized guidance so you can make well-informed decisions after a personal injury, and read on to understand more about why a lawyer may not be able to take on your personal injury case.
Statute of Limitations Has Expired or Is Close to Expiring
One of the main reasons a personal injury lawyer might decline a case is if the statute of limitations has passed. The statute of limitations is a legal deadline for filing a personal injury claim after an accident or injury. Once this deadline has passed, the court will typically not allow the case to proceed, meaning the opportunity to pursue compensation in court has likely closed.
Waiting until the statute of limitations deadline is near to file a personal injury claim could also cause your case to be declined, as it makes it harder for a lawyer to prepare a strong case. Building a case requires time to gather evidence, review medical records, and consult subject matter experts if needed. Reaching out to an attorney early on allows them to prepare thoroughly and avoids the risk of missing the filing deadline.
Lack of Expertise or Specialty
Personal injury law includes various practice areas, from car accidents to defective products, and each requires specific knowledge and experience to build and support a strong case properly. Most personal injury lawyers focus on one or two specific practice areas, such as truck accidents, workers’ compensation, or slip and falls, as these cases often have unique regulations, evidence requirements, and challenges.
Hiring a lawyer with experience in cases like yours can increase the likelihood of a successful outcome, as they’ll have the insights and strategies needed to handle your specific case. If your case falls outside a lawyer’s specialty, they may decline and refer you to an attorney with the right background.
Liability or Difficulty Proving Fault
For your personal injury claim to be successful, you must prove that another party was liable for your injuries. If fault is uncertain and evidence of the other party’s negligence is lacking, even a severe injury might not be enough for a lawyer to pursue the case confidently. Each state also has different liability laws, so what may enable you to seek compensation in South Carolina or Georgia might not meet the standards required in North Carolina.
Your lawyer will need strong evidence to demonstrate the other party’s negligence, even if you believe you’re not at fault. When there’s insufficient documentation and there are conflicting accounts of the accident, proving fault can become challenging. These challenges can compound if multiple parties share responsibility for your accident, which can make establishing liability complicated and deter a lawyer from taking on your case.
Defendant Lacks Resources
A lawyer may be reluctant to take on a personal injury case if the negligent party responsible doesn’t have the financial means to cover the damages. Compensation typically comes from the defendant’s insurance or personal assets in personal injury cases. Suppose you win a case against a party who is uninsured or only has minimal coverage. In that scenario, there probably won’t be enough compensation to fully cover your medical bills, damages, and legal costs. This makes representing your case less feasible for a lawyer working on a contingency fee basis.
Personal injury lawyers, like ours at George Sink, P.A. Injury Lawyers, often work on a contingency basis, meaning they only get paid if they secure compensation for you. If there’s little chance of recovering compensation due to a lack of funds from the defendant, the lawyer might decide the financial risk is too high. Nonetheless, you may still have options, such as using your own uninsured or underinsured motorist coverage if you’ve been in a car wreck, so it’s worth consulting a lawyer to explore all potential avenues for compensation.
Minimal Injuries or Damages
While no lawyer should minimize the pain and suffering you’ve experienced due to an injury, for a lawyer to take on a personal injury case, the injuries and damages must justify the costs of pursuing it. Some injuries don’t result in significant medical bills, lost wages, or ongoing pain and suffering, meaning there isn’t substantial compensation to seek.
Even in simple, straightforward cases, expenses to conduct investigations, interview witnesses, and pay court fees can add up quickly, so the compensation you potentially stand to gain must cover those costs to make sense to most lawyers. However, even if your injuries seem minor, consulting with a lawyer can help uncover any additional damages you may not be considering, such as emotional distress or potential long-term effects, which could increase the value of your case.
Jurisdictional Limitations
No matter the maximum compensation you could gain, a personal injury lawyer may only be able to represent you if your accident happened inside of the state (or states) where they are licensed to practice. Since each state has unique personal injury laws and procedures, a lawyer who isn’t licensed or familiar with a state’s specific regulations may not feel equipped to advise your case effectively – plus, they are not legally permitted to represent you outside their licensed state(s).
In cases where jurisdiction is a limitation, your lawyer may refer you to an attorney who is licensed and experienced in handling cases in the relevant state. Larger firms, or those with multiple state licenses—like George Sink, P.A. Injury Lawyers—often have a wider jurisdictional reach. Our firm represents clients in South Carolina, North Carolina & Georgia, which can be beneficial if your case crosses state lines. For the best advice and representation, contact a lawyer in the state where your accident occurred.
George Sink, P.A. Injury Lawyers Can Help if Your Case Was Declined
If a lawyer turned down your personal injury case, it may have been because of one or several reasons mentioned above. However, it’s important to remember that just because one lawyer declined your case doesn’t mean others will. Each firm has different experience and resources, so what may not have been a viable case for one attorney could be manageable for another.
At George Sink, P.A. Injury Lawyers, we encourage you to seek a free case review to understand your options better. Even if your case is unlikely to be accepted, a consultation can provide personalized guidance to help you decide what to do next. Whether we can pursue your case directly or connect you with the right resources, we’re here to help you explore every possible avenue for seeking justice.