When it comes to understanding your legal options and receiving compensation after a personal injury accident, reaching out to a lawyer can be an important first step. However, not every attorney accepts every case they review.
If a lawyer declines your case, it doesn’t necessarily mean your injuries aren’t valid or that your claim has no merit or value. Personal injury attorneys carefully evaluate a variety of legal and practical factors before agreeing to represent someone in their personal injury claim.
In this guide, we’ll explain some of the most common reasons a personal injury lawyer may decline a case, what to do next, and why seeking a second opinion may be worthwhile.
How Personal Injury Attorneys Evaluate a Potential Case
Before taking a case, attorneys must perform a personal injury case evaluation, where they ensure that the basic fundamental elements of a personal injury claim are present: duty of care, breach of duty, causation, and damages.
- Duty of care: The legal concept where a certain individual is required to take measures to protect or avoid causing harm to other individuals. This concept can include yourself when you get behind the wheel of a car, a business owner who operates a brick-and-mortar, or a property owner.
- Breach of duty: The defendant failed to conform to its duty, whether under general negligence or for a specific duty.
- Causation: The injured party must prove that the injuries sustained were related to the accident.
- Damages: Economic and non-economic damages must be present. Economic damages are quantifiable, such as medical bills and lost wages, while non-economic damages are not quantifiable, like pain and suffering, mental anguish, and loss of enjoyment of life.
Common Reasons a Personal Injury Law Lawyer May Decline a Case
Personal injury attorneys carefully comb through cases, looking for specific details that tell them whether or not you have a case. Some of the reasons they may not take your case include:
Injuries don’t fall within the law’s criteria.
Some states have what is called a “threshold injury,” meaning that the injury you sustained is permanent and severe enough to garner a claim. South Carolina does not operate under this law but has a 50% bar rule, stating that you can recover damages as long as you are not more than 50% at fault for the accident
The other party was not at fault.
A breach of duty must be present to seek a personal injury claim, so if there is no proof of negligence, it can be difficult to place the responsibility – and your compensation – on the other party.
There’s a lack of coverage.
When you seek compensation in a personal injury claim, you are seeking the funds from the responsible party’s insurance company and coverage. If the amount of money covered by a policy isn’t enough to cover your medical expenses, pain and suffering, and other damages, there may not be the ability to move forward with the case.
The law doesn’t allow it.
Certain types of situations cannot legally allow you to move forward with a claim, such as a conflict of interest, government immunity, and state-specific laws.
Details specific to your case.
There is no one-size-fits-all for personal injury cases. Your situation may be best suited for a criminal case, or the event may have happened outside the attorney’s jurisdiction, among other reasons why one firm may not be the right fit. But one firm’s decision does not account for another’s.
If I Get Declined, Do I Have a Personal Injury Case? It’s Still Possible
Just because one attorney declines your case doesn’t mean you don’t have one. Personal injury law encompasses many types of personal injury cases and events, and experience can vary from one firm to the next.
Each case is different, and perspectives and opinions of law firms can vary. Don’t judge the merit of your case with one consultation – leave it to Hoffman to decide.
Let Our Personal Injury Attorneys Review Your Case
While you’re facing the road to recovery, hearing the word “no” from a personal injury law firm can be discouraging. But have no fear – that doesn’t have to be the end. Each law firm, and even each attorney, is different, and here at Hoffman Law Firm, we have a team of skilled personal injury lawyers ready to take a look at your case. Leave it to Hoffman, and we’ll make sure you’re in the right hands.
With offices in Georgetown, SC, and Charleston, SC, our personal injury law firm supports accident victims throughout the Palmetto State. As the leading workers’ compensation lawyers in Charleston and Georgetown, we have established a reputation for success and exceptional service.
Schedule your free consultation today with a personal injury attorney in Charleston or Georgetown, SC, and we will take it from there.
Disclaimer: This content is for informational purposes only and is not legal advice. Reading this page does not create an attorney-client relationship. Every case is unique, and the application of subrogation laws depends on the specific facts and insurance policies involved. Attorney advertising. Past results do not guarantee future outcomes. Hoffman Law Firm is licensed to practice law in South Carolina.
