Seven Reasons a California Personal Injury Attorney Might Refuse Your Case

By Yosi Yahoudai
Founder and Managing Partner

It can be very frustrating for an attorney to tell you that he is not going to take your case. However, the attorney may have a valid reason for refusing your case. A California personal injury attorney must consider several factors when deciding whether to accept a case. In some cases, the attorney may need to conduct further investigation to determine if the attorney wants to accept or refuse your case.

Reasons Why An Attorney May Not Take Your Personal Injury Case

Some of the reasons why an attorney may refuse to represent you regarding your accident or injury include, but are not limited to:

1. The Statute of Limitations Expired. Every legal matter is subject to a statute of limitations that restricts the time for filing a lawsuit. If the deadline to file a lawsuit has passed, there may be nothing an attorney can do to help you with your injury claim. 
2. Conflict of Interest. Attorneys owe clients a duty of care to protect the clients’ best interests. The duty of care extends to ensuring that the attorney does not have a conflict of interest that is adverse to the client. For instance, an attorney may refuse to take your case if the attorney represented the defendant in a previous matter.
3. Your Liability is Too Great. California’s pure comparative fault laws permit a judge to reduce your compensation for an injury claim by the percentage of fault assigned to you for the cause of the accident. If an attorney believes that your liability for the accident is too great, the attorney may not take the case. Once your compensation is reduced, the attorney may not receive sufficient fees to make the case worthwhile.
4. Lack of Damages. You cannot recover compensation for an accident if you did not sustain damages. The compensation you receive is based on the damages and losses you sustained because of the actions of the other party. If you have a lack of damages, the value of your case may be insufficient to warrant a lawsuit.
5. Expense of the Case. In some cases, the expenses of a case can make the case undesirable for an attorney. If an attorney has to expend a great deal of time and resources for a case, the return may not be worth the effort or cost.
6. No Evidence of Liability. You must be able to prove that the other party caused your injury. In some cases, there could be insufficient evidence to prove liability. If the attorney cannot prove liability, you cannot receive money for your injury claim.
7. Defendant’s Limited Resources. An attorney may decline to take a strong personal injury case because of the defendant’s lack of resources. If the defendant does not have insurance coverage or resources to pay a judgment, the judgment may be worthless. You can obtain a monetary judgment, but if there is no way to collect the judgment, your attorney does not get paid. 

Contact Our California Personal Injury Attorney for Help

An accident or injury can have lifelong consequences. You deserve fair and just compensation for your losses and damages from the party responsible for your injuries.

Contact us today to request a free consultation to discuss your case. Let us help you seek the justice you deserve after being injured in an accident. 

About the Author

Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.