Not every car accident leads to a courtroom. Not every injury claim results in a payout. And not every person who contacts a personal injury lawyer receives an offer for representation. Sometimes, even when you’re hurt, and even when the other party seems clearly at fault, a lawyer might refuse to take your car accident case.
That moment can feel like another blow, like the system isn’t working in your favor. But behind that refusal often lies a practical or legal reason grounded in personal injury law, ethical obligations, and case viability.
In this guide, we’ll explore the most common reasons personal injury attorneys may turn down a client’s case and what options you still have.
Whether you’re an accident victim trying to recover compensation or just seeking clarity after a personal injury, understanding these reasons can help you visualize your legal options more effectively.
1. Lack of a Valid Legal Claim
A personal injury lawyer cannot pursue a case without a valid legal claim. Under tort law, the injured party must show that the at-fault party breached a duty of care, causing injuries and measurable damages like medical expenses or lost wages.
Some scenarios may not meet this threshold:
- Minor accidents where no one suffered serious injuries.
- Incidents where proving fault is nearly impossible.
- Situations where the injury stems from medical malpractice, but no professional negligence can be established.
2. The Statute of Limitations Has Expired
Every state sets a time limit—called a statute of limitations—on how long a person has to file a personal injury claim.
If you wait too long and try to file outside of this window, most personal injury lawyers will turn down your case because courts will likely dismiss it. These time limits protect against indefinite legal exposure and help preserve the integrity of evidence.
Some exceptions exist, especially in injury cases involving minors or late-discovered injuries, but they are rare.
Statute of Limitations for Car Accident Lawsuits (California, Nevada, and Colorado)
California
Gives you two years from the date of injury to file a personal injury lawsuit.
Legal Reference: California Code of Civil Procedure § 335.1
Nevada
Enforces a two-year deadline for personal injury cases related to motor vehicle accidents.
Legal Reference: Nevada Revised Statutes § 11.190(4)(e)
Colorado
Allows three years to file a personal injury lawsuit after a car accident.
Legal Reference: Colorado Revised Statutes § 13-80-101(n)
3. You Share a High Percentage of Fault
In personal injury cases involving car accidents, most states follow the comparative negligence rule. This means your compensation may be reduced based on your share of the fault or denied altogether.
If the lawyer believes you were mostly or equally responsible for the crash, they may decline your case.
For instance:
- You ran a red light, and the other driver was speeding.
- You weren’t wearing a seatbelt, making your injuries worse.
Comparative Negligence Laws (California, Nevada, and Colorado)
California
Applies a pure comparative negligence rule. You can recover compensation even if you are mostly at fault. The court reduces your award by your percentage of responsibility.
Legal Reference: California Civil Code § 1714
Nevada
Uses a modified comparative negligence system. You may recover damages only if you are 50% or less at fault. If your fault exceeds 50%, you cannot collect damages.
Legal Reference: Nevada Revised Statutes § 41.141
Colorado
Follows a modified comparative negligence rule. The state bars recovery if you are 50% or more at fault. If you are less than 50% at fault, your compensation is reduced accordingly.
Legal Reference: Colorado Revised Statutes § 13-21-111
Comparative negligence rules play a vital role in determining legal outcomes, and they vary by state. Understanding how each state evaluates fault helps you better understand your personal injury claim.
4. The Potential Recovery Doesn’t Justify the Cost
Injury lawyers typically work on a contingency basis. That means they front the costs of filing the claim and only get paid if you win. If your potential compensation appears minimal, some attorneys may assess whether the case can justify the time and resources involved. However, every injury matters. If you suffered harm, even in a lower-value case, you still have the right to understand your legal options and seek fair treatment.
Common reasons lawyers might turn down low-value cases:
- Minimal property damage
- Low short-term medical costs
- Quick physical recovery with no lasting complications
- Lack of clear documentation showing long-term effects
These factors may influence a lawyer’s decision, especially if the financial recovery is expected to be modest. However, they do not necessarily mean your case lacks merit. If you experienced pain, disruption, or out-of-pocket losses, you still deserve a thorough legal review.
5. The Case Falls Outside the Lawyer’s Practice Area
Not every lawyer who practices law takes all types of cases. A law firm that focuses on medical malpractice may decline your car accident case simply because it’s outside their area of expertise.
This doesn’t mean your case lacks merit. It just means the attorney believes someone else may be better suited to handle it. Personal injury law covers a wide range of incidents, and attorneys often specialize in specific niches—motor vehicle accidents, premises liability, defective products, etc.
Tip
If your case gets declined, ask if they can refer you to someone who handles similar personal injury cases.
6. Conflicts of Interest or Heavy Caseloads
A lawyer may also refuse your case because of ethical conflicts or workload issues. For instance:
- They previously represented the other party involved in your accident.
- They are already committed to too many clients currently and don’t want to compromise your case quality.
In either situation, the attorney refuses to proceed out of professional responsibility. Lawyers owe a duty of loyalty and diligence to their clients, and overcommitting can be risky to everyone involved.
7. Red Flags or Misrepresentation
If an attorney decides to decline a case, they might have picked up red flags during the initial consultation:
- Inconsistencies in your story
- Lack of supporting evidence
- Attempts to exaggerate injuries
- Previously dismissed claims for similar accidents
Personal injury lawyers take ethical responsibilities seriously. If they suspect dishonesty or that your claim won’t hold up in court, they may feel it’s not in your best interest or theirs to proceed.
8. It’s Better Suited for Small Claims Court
Some car accident cases involve property damage or minor injuries that don’t require full legal representation. Instead, they fall within the jurisdiction of small claims court, where individuals can file their claims without hiring an attorney.
In these cases, the lawyer turns down the case not due to lack of merit, but because it’s more practical and cost-effective for the injured party to handle it themselves.
What You Can Do If a Lawyer Declines Your Case
Rejection doesn’t mean the end of the road.
Here’s how to respond:
- Get a second opinion. Another injury lawyer may see things differently.
- Review your documentation. Ensure your medical records, accident reports, and insurance correspondence are complete.
- Consult local rules. Depending on your location, the legal claim might still be viable within time limits.
A personal injury claim is a serious legal process. If you believe in the strength of your case, don’t hesitate to ask questions and explore all avenues before giving up.
Frequently Asked Questions (FAQ)
1. What if I’m told my case isn’t a valid claim?
A valid claim requires proof that the at-fault party caused your injuries and losses. If one lawyer disagrees, get a second opinion—another attorney may view the evidence differently.
2. Is my case civil or criminal?
Most car accident cases fall under civil law. However, if the at-fault driver engaged in conduct that meets the legal definition of a crime, such as driving under the influence or engaging in reckless behavior that endangers others, law enforcement may pursue criminal charges in addition to your civil personal injury claim.
3. Why didn’t the lawyer consider my medical bills or injuries serious enough?
Some attorneys decline cases with low medical bills, short recovery times, or minimal medical costs. But injury victims still deserve to explore their rights. If your injuries resulted in pain, treatment, or emotional distress, another personal injury lawyer may view your case differently.
4. What if the at-fault party doesn’t have insurance?
If the at-fault party has limited coverage, your insurance company might provide relief. An injury lawyer can help assess this route.
5. Can I handle this in small claims court?
Yes, especially if the damages are low. Small claims court allows you to present your legal claim without hiring a lawyer.
6. Why did they say I was too much at fault?
If a lawyer believes you were mostly responsible, it may limit your ability to recover damages. State laws vary, so legal advice from an experienced car accident lawyer is essential.
Your Path Doesn’t End Here
When a lawyer refuses to take your car accident case, it stings—but it’s not a judgment of your worth or experience. It’s a reflection of legal standards, economic viability, and ethical responsibility.
The best personal injury lawyers assess hundreds of factors when deciding whether to proceed. If you still have questions or want to understand whether your case qualifies for financial recovery, Bourassa Law Group is here to help you. We’ll review your injury case, explain your legal rights, and guide you toward the most effective path forward. Contact us today for a free consultation.
1-800-870-8910