If you’ve been injured due to someone else’s negligence, you may assume that any attorney will take your case. However, personal injury attorneys carefully evaluate each case before agreeing to represent a client. At Martz and Lucas, we are committed to helping injury victims, but certain factors can make a case difficult to pursue.
Below, we’ll explore the most common reasons why a personal injury attorney may decline your case and what you can do if this happens.
1. Lack of Clear Liability
For a successful personal injury claim, you must be able to prove that another party was at fault due to negligence or wrongdoing. If liability is unclear or there is strong evidence that you were mostly responsible for the accident, an attorney may decide not to take your case.
Example:
- If you were involved in a car accident but the police report states that you were at fault, proving negligence against another party may be difficult.
- In a slip-and-fall case, if there is no evidence that the property owner was negligent, it may weaken the claim.
In Indiana, the state follows a comparative fault rule, meaning that if you are found 51% or more at fault, you are barred from recovering compensation. If liability is highly disputed, attorneys may be hesitant to take the case.
2. Minimal or No Injuries
A strong personal injury case requires verifiable injuries that result in medical expenses, lost wages, or pain and suffering. If your injuries are minor or you did not seek medical treatment, proving damages becomes difficult.
Example:
- You were in a fender bender and suffered no injuries, only property damage to your vehicle. Since personal injury cases focus on bodily injuries, an attorney may decline the case.
- You slipped in a store but didn’t see a doctor, making it challenging to link your injuries to the accident.
Without documented medical treatment, an attorney may struggle to prove that you suffered harm as a result of the accident.
3. Causation Issues: Difficulty Proving the Injury Was Accident-Related
Even if you are injured, you must prove that the accident directly caused your injuries. Insurance companies often argue that:
- You had a pre-existing condition, meaning the injury was not caused by the accident.
- There is no medical documentation linking the injury to the incident.
Example:
- You were involved in a car crash but waited two weeks before seeing a doctor. The insurance company may claim that your injury was unrelated or occurred after the accident.
- You have chronic back pain from a previous injury. If there is no clear medical evidence that the accident worsened your condition, an attorney may be hesitant to proceed.
Attorneys rely on medical records, expert testimony, and accident reports to establish causation. If the connection between the injury and accident is weak, they may decline the case.
4. The Defendant Has No Insurance or Ability to Pay
Even if your case is strong, an attorney must determine whether there is a source of compensation available. If the at-fault party does not have insurance or personal assets, recovering damages may be challenging.
Example:
- You were injured in a hit-and-run accident, and the at-fault driver was never found.
- You slipped on a friend’s property, but they don’t have homeowner’s insurance to cover the claim.
While you may have a valid case, an attorney may be hesitant to take it if there is no realistic way to recover compensation.
5. The Statute of Limitations Has Expired
Each state has a time limit for filing a personal injury claim, known as the statute of limitations. In Indiana, you typically have two years from the date of the injury to file a lawsuit.
If this deadline has passed, your case will likely be dismissed, and most attorneys will not take a case that cannot proceed in court.
Exceptions That Shorten the Deadline:
- Government Claims: If your injury involves a government entity (e.g., a city bus accident), you may have as little as 180 days to file a notice of claim.
- Minors or Incapacitated Individuals: Some exceptions may extend the statute of limitations, but they are case-specific.
If you suspect you have a personal injury claim, don’t wait to contact an attorney—acting quickly is crucial.
6. Conflicts of Interest
Law firms must follow ethical guidelines, which means they cannot take cases that present a conflict of interest.
Example:
- The law firm previously represented the defendant in another matter.
- The attorney has a personal or business relationship with the at-fault party.
In these situations, an attorney will decline the case to avoid any ethical or legal issues.
7. The Case Is Not Financially Viable
Personal injury attorneys typically work on a contingency fee basis, meaning they only get paid if they win your case. If the potential settlement or verdict is too low to justify the costs of pursuing the case, an attorney may decide not to take it.
Example:
- The medical bills and lost wages are minimal, making the potential recovery too low to justify legal action.
- The cost of expert witnesses, court fees, and legal expenses would outweigh the final settlement amount.
Attorneys must consider whether the time and resources required to handle the case will be worth the effort for both you and the firm.
What to Do If an Attorney Declines Your Case
If a personal injury attorney does not take your case, you still have options:
- Seek a Second Opinion: Another law firm may view your case differently or have additional resources to investigate liability.
- Gather More Evidence: Strengthening your case with medical records, witness statements, or expert opinions may make a difference.
- Explore Alternative Claims: If a personal injury lawsuit isn’t viable, there may be other legal avenues to recover compensation (e.g., workers’ compensation, disability claims).
- Act Quickly: If the statute of limitations is approaching, don’t delay in consulting another attorney.
At Martz and Lucas, we are committed to providing honest assessments of personal injury cases. If we determine that your case is not a good fit, we will explain why and, if possible, guide you on your next steps.
Contact Martz and Lucas for a Free Case Review
A strong personal injury case requires clear liability, documented injuries, and a viable source of compensation. If you’ve been injured in Valparaiso or anywhere in Indiana, our team at Martz and Lucas is here to evaluate your claim and provide guidance on the best course of action.
Contact us today for a free consultation and let us help you determine the best path forward. You pay nothing unless we win your case!