Reasons for an Attorney to Not Take Your Personal Injury Case 

 November 23, 2013

By  LMW Attorneys

If you’ve suffered a personal injury due to the actions or negligent omissions of another person, you may be entitled to compensation for the pain suffering and expenses you’ve incurred. And while you’re best chance at getting the recovery you deserve comes from having a lawyer on your side, personal injury attorneys do not simply take every case that comes their way.

Obviously, attorneys will be inclined to take legitimate claims so they can help you put your life back together. But there are several reasons why an attorney may elect to turn down your personal injury case when approached. Here are some reasons why they might not:

Your Story is Inconsistent

For an attorney or law firm, accepting a case is more of an investment than anything else. The decision to take on a case results in a substantial dedication of time and resources for the firm, as well as the forfeiture of the opportunity to work on other cases. Thus, if there is any indication that your story doesn’t add up and that it might be revealed during litigation that the events unfolded in a different manner than what you originally indicated, an attorney may turn down your case. Attorneys do not like surprises during litigation, particularly those that render their investments a waste.

Your Case is Vindictive

The adversarial nature of the United States legal system means that every case necessarily has an element of conflict or even hostility in some respect. But that does not mean that hostility is an appropriate justification for starting a lawsuit. You may have ill will toward someone who has wronged you, but an attorney will not help you pursue a suit that is simply instituted to harass or antagonize the defendant. In fact, filing a frivolous lawsuit that is simply intended to harass the defendant is a violation of state ethics codes, so a lawyer has an incentive to decline such cases, avoiding discipline from the state.

You Were At Fault

It is natural for people to see things primarily from their own perspective. But when it comes to considering which clients to represent in lawsuits, attorneys work hard to maintain an objective viewpoint. As such, they may see your case in a different light, as they try to imagine what a jury would conclude. If it appears that your injuries were caused primarily by your own actions, the attorney may turn down your case because it is unlikely you will be able to recover.