400 N Walker Ave #130, Oklahoma City, OK Phone: 405-605-2426
It’s common for potential clients to come to my office after meeting with another attorney who told them, “You have a great case, but I don’t have enough time to take it on.”
This response can be disheartening, but it often means the attorney believes the case has weaknesses or may not be worth pursuing. The two most common reasons for this are issues with liability or insufficient damages. The attorney is really saying, “Your case isn’t worth my time.” If it was a good case, that attorney would have wanted to handle it.
For example, if someone slips and falls in an icy parking lot, the property owner may not be liable because the hazardous condition was open and obvious, and the individual assumed the risk by choosing to walk on the visibly icy surface.
When an attorney declines to take your case, ask for clarification on their reasons. Understanding the potential weaknesses in your case can help you make informed decisions about how to proceed. If multiple attorneys decline your case for similar reasons, it may indicate that pursuing legal action is not the best course of action.
However, if you strongly believe in the merits of your case, don’t be discouraged by one attorney’s opinion. Seek out other experienced personal injury lawyers for their perspectives and guidance. Attorneys are human(!), so sometimes they’re just mistaken when evaluating a case.
Evaluating the Merits of a Personal Injury Case
Personal injury lawyers assess several critical aspects before taking on a case, including:
- Liability: Establishing who is at fault is foundational. Without clear liability, a case’s chances of success diminish.
- Damages: The extent of injuries and their impact on the victim’s life are crucial. Minor injuries may not justify the costs and efforts of litigation.
- Insurance Coverage: The defendant’s ability to pay, often through insurance, is a key consideration. Limited or no insurance coverage can result in a “paper judgment.” The judgment is only worth the paper it’s printed on.
What does it mean when a lawyer mentions “liability”?
Liability refers to the legal responsibility for one’s actions or omissions that cause harm to another person. In personal injury cases, proving the defendant’s liability is the first step in any lawsuit. Without liability, a case will get dismissed from court when the defendant files a “motion for summary judgment” and corresponding “motion to dismiss.” If a jury is likely to find that you are partly or primarily liable for your injuries, most lawyers won’t take your case unless you have significant damages. In Oklahoma, if the jury finds that the plaintiff is 50% or more at fault, the plaintiff receives nothing.
In car accident cases, collisions at uncontrolled intersections and those involving rear-end collisions where the lead driver made a sudden stop often pose liability problems. “He said/she said” cases can sometimes be seen as “50/50” liability cases.
In “slip and fall” or “trip and fall” cases involving “open and obvious” hazards, liability problems will often arise. A grocery store has a strong defense if a plaintiff sees a wet floor sign, steps over it, and slips in the puddle. Businesses are generally not liable for “open and obvious” conditions. The most common is when it’s icy in the parking lot. There are some exceptions to this general rule, though. If there is “black ice,” there’s a chance the store is liable if it knew of the black ice before its customer became injured.
How do lawyers determine the damages in a case?
Lawyers evaluate medical records, employment history, and personal impacts to quantify the plaintiff’s physical, financial, and emotional damages. Because personal injury lawyers work on a contingency basis, they can’t afford to take cases without significant damages. Bumps, bruises, and pulled muscles aren’t pleasant, but they also don’t result in huge settlements or jury verdicts. If you don’t have at least a few thousand dollars in medical bills, expect most lawyers to reject your case. However, a case of that size can likely be handled on your own.
If you have a case with clear liability but low damages, it may be worth pursuing in small claims court (if you can’t find a lawyer). In Oklahoma, the small claims court limit is $10k (this will vary by state), meaning that you will never be able to recover more than $10k. Some attorneys don’t mind trying cases in small claims court, so it’s still worth calling around if you don’t want to handle it alone.
What happens during a free initial consultation with a personal injury lawyer?
During the consultation, the lawyer assesses the viability of the potential client’s case by considering factors such as liability, damages, insurance coverage, and the statute of limitations. Only one type of insurance problem will make a lawyer instantly reject your case: the defendant doesn’t have any. Most often, this will arise in the context of an uninsured driver (which can be solved if you have UM insurance). It also occurs in cases involving bar fights, as many companies that insure bars now exclude coverage for any injury resulting from assault and battery (including the bar’s security personnel). While it’s true that you can still sue uninsured defendants and try to recover your judgment from the defendant’s assets, most lawyers don’t want to risk suing a defendant who cannot pay the judgment. The attorney would spend both their time and money (court and deposition costs).
Also, cases involving the uninsured are nearly impossible to settle, as the defendant does not want to agree to pay a large sum of money from their assets. The near guarantee of having to take the case to trial, coupled with no guarantee of ultimately being paid, makes these cases extremely unattractive to lawyers.
Reasons for Declining a Case
If a lawyer determines that a case is not strong enough to pursue or has other concerns, they may decline to take it on. Some reasons why a lawyer may decline a case include:
- Statute of Limitations Concerns: Oklahoma mandates a two-year window from the injury date to file a lawsuit. If this window is about to close, a lawyer might not feel confident building a solid case without a reasonable amount of time. Missing the deadline could result in your case being dismissed, so lawyers may prefer to avoid cases with tight time constraints.
- Conflict of Interest and Ethical Boundaries: Lawyers are bound by ethical rules prohibiting them from taking cases where a conflict of interest exists, such as prior relationships with the defendant or their insurer. If a lawyer or their firm has previously represented or is currently representing a party involved in your case, they must decline to avoid a conflict of interest. Although specifics might not be disclosed, such conflicts necessitate the search for another lawyer. This ethical obligation ensures that the lawyer’s loyalty remains solely with their client and that no confidential information is compromised.
- Lack of Expertise or Specialization: If a case falls outside a lawyer’s focus, they might suggest finding a lawyer better suited to the case’s specific needs. For instance, a car accident lawyer might not take on a medical malpractice case. While some lawyers handle various personal injury cases, others may specialize in specific areas. Personal injury cases aren’t limited to car accidents, medical malpractice, and slip and falls. Product liability, libel and slander, false arrest, and excessive force, among other things, fall within the purview of personal injury lawyers. However, not all personal injury lawyers take these types of cases. Product liability cases, especially isolated cases (not mass torts involving hundreds of plaintiffs), can be too expensive or time-consuming for many lawyers. Product liability cases almost always require at least one expert witness. This costs thousands of dollars just for the initial opinion from an engineer and can run over $30k if the case gets close to trial – just for one expert. It’s common to need more than one expert witness in a case. Libel and slander cases more often involve hurt feelings than actual damages. False arrest and excessive force cases require knowledge of federal civil rights laws, which most personal injury attorneys are unfamiliar with.
- Financial Considerations and Viability: The potential financial recovery plays a significant role in a lawyer’s decision. Given that most work on a contingency fee basis, the anticipated settlement or verdict must justify the effort and resources required. Personal injury cases can be costly to pursue, especially those involving complex medical issues or extensive investigations.
- Caseload, Capacity, and Ensuring Quality Representation: Lawyers must manage their caseload to ensure each client receives the attention and resources their case deserves. An overloaded lawyer might decline new cases to maintain quality service for existing clients. It’s a sign of integrity, prioritizing quality over quantity. Personal injury lawyers often have a limited capacity for taking on new cases due to their existing caseload. Each case requires significant time and attention, from gathering evidence and conducting investigations to negotiating settlements or preparing for trial. If a lawyer is already juggling multiple complex cases, they may not have the bandwidth to devote the necessary time and resources to your case, even if it has merit. Again, if the lawyer states “insufficient time,” that is likely not the real reason for declining the case.
- Personality Clash or Communication Issues: If a lawyer senses a potential personality clash or communication issues during the initial consultation, they may decline to take on the case to avoid a strained attorney-client relationship. The attorney-client relationship is built on trust, open communication, and mutual understanding. A successful personal injury case often requires a collaborative effort between the lawyer and the client, and a strained relationship could hinder the chances of a favorable outcome.
- Previous lawyer: If you already had a law firm working on your case, and something went south, it’s unlikely the new attorney is excited about taking your case on. The previous law firm might be owed attorney fees on any settlement reached.
- Weak Liability: If there is insufficient evidence to prove that the other party is at fault, the lawyer may believe the case is unlikely to succeed.
- Limited Damages: If the injuries are minor and the associated costs are low, the potential compensation may not justify the time and resources required to litigate the case.
What does it mean if a lawyer says my case is not strong enough?
If a lawyer says a case is not strong enough, it means they believe there is insufficient evidence to prove liability or that the damages are not significant enough to justify pursuing the case. If you find that you are running into the “conflict of interest” or “too busy right now” excuse, it may help if you ask the lawyer if he or she is turning down your case because, in their opinion, it is a “bad case.” Explain that you’re not going to argue with him or her over their opinion, but you don’t want to waste your time and a bunch of other attorneys’ time shopping around a case no one wants. If enough potential clients do this, lawyers may stop lying about why they aren’t taking cases, and clients can more easily find a lawyer who likes their case.
Can I still pursue my personal injury claim if one lawyer declines to take my case?
Yes, you can seek a second opinion from another lawyer. Some of the large TV advertising law firms have a stereotype of only accepting the “easy” cases. Different lawyers may have different assessment criteria, resources, or areas of expertise that could make them more suitable for your case.
What to Do if Your Case is Declined
If a personal injury lawyer declines to take your case, remember that this does not necessarily mean your claim is without merit. Consider the following steps:
- Seek Multiple Opinions: Consult with other lawyers, as each has different criteria and capabilities.
- Mind the Statute of Limitations: Act quickly to avoid missing critical deadlines.
- Ask for Referrals: A declining lawyer might know someone with the right expertise.
- Explore Small Claims Court: For smaller disputes, this could be a viable alternative.
- Ask for an Honest Explanation: Understanding the reasons behind a lawyer’s decision can help you better understand your case’s strengths and weaknesses and guide you in finding a lawyer who is a better fit.
When seeking a second opinion on my personal injury case, what information should I provide?
Provide all relevant information, including documentation, evidence, and correspondence with the previous lawyer, to help the new attorney accurately assess your claim’s potential.
What if a lawyer cites a conflict of interest?
Seek another lawyer. Conflicts of interest are non-negotiable due to ethical standards.
How long do I have to file a lawsuit in Oklahoma?
You typically have two years from the injury date, but exceptions exist. It’s crucial to act promptly.
How do I find a lawyer with the right experience?
Research lawyers who specialize in your type of case. Initial consultations are an opportunity to assess their experience and fit.
What does it mean if my potential recovery is deemed too low?
It means the lawyer believes the time and resources required to pursue your claim may not be justified by the expected financial recovery.
How much does hiring a personal injury lawyer cost?
Most work on a contingency fee basis, taking a percentage of the settlement or verdict. Discuss fee structures during your initial consultation.
What should I bring to my first meeting?
Documentation related to your accident, injuries, and any correspondence with insurance companies will help the lawyer evaluate your case.
How long will my case take?
The duration varies widely based on complexity, severity of injuries, and whether it settles or goes to trial. A straightforward case may resolve in months, while complex cases can take years.
Will my case go to trial?
Most personal injury cases settle out of court. However, if a fair settlement isn’t achievable, going to trial might be recommended.
What damages can I recover?
Damages may include medical expenses, lost wages, pain and suffering. In rare cases, punitive damages are awarded for egregious conduct.
Keep Contacting Attorneys Until You Get a Clear Answer
When a personal injury lawyer says, “You have a great case, but I don’t have enough time to take it on,” it’s often a genuine reflection of their current workload, expertise, or ethical obligations. While this response may be disappointing, it’s essential to understand the underlying reasons and not take it as a rejection of your case’s merits.
Being turned down by a personal injury lawyer can be frustrating, but it’s often a matter of finding the right fit. Understanding the reasons behind a lawyer’s decision not to take your case can guide you toward finding someone who can. Don’t let a single rejection deter you from pursuing the compensation and justice you deserve. By seeking honest explanations and considering alternative legal representation, you can increase your chances of finding a lawyer who believes in your case and is willing to fight for the compensation you deserve.
Remember, the ultimate goal is to secure fair compensation and hold the responsible parties accountable for their negligence. If a personal injury lawyer declines your case, take the opportunity to learn from their feedback, seek additional opinions, and remain persistent in your pursuit of justice.