Can a personal injury lawyer drop your case?
Personal Injury - June 30, 2025 by Horwitz, Horwitz & Associates
While it does not happen often, a personal injury lawyer can drop your case under certain conditions. This may come as a surprise and leave you wondering what to do next, especially while your case is in progress. You may also wonder if this is allowed; the short answer is yes.
If you are seeking new representation after a lawyer dropped your case, an Aurora personal injury lawyer from Horwitz, Horwitz & Associates can review and discuss your case with you.
Reasons why a lawyer may drop your case
Personal injury lawyers usually drop cases when they believe they can’t win. Since many work on a contingency fee, they only get paid if they recover money for you. They may also drop your case due to ethical considerations or issues in the working relationship. When withdrawing from your case, a lawyer must be sure to follow all of Illinois’ Rules for Professional Conduct as applicable to the situation.
Conflict of interest
If taking your case would hurt another client or limit the lawyer’s ability to help you, they may have to step away due to a conflict of interest. This may also occur if the insurance companies have also retained your lawyer. Lawyers have to avoid divided loyalties, especially in personal injury cases where the stakes are high for injury victims.
Insufficient evidence
Sometimes, a case doesn’t have enough evidence available to resolve a personal injury claim, or the injury claimed is not serious enough. Because a personal injury law firm works on a contingency fee basis and does not get paid unless they win your case, a lawyer may feel they cannot secure your results with a lack of evidence.
The statute of limitations is set to expire
Illinois has a statute of limitations of two years for personal injury accidents. If your case requires more time to resolve than what is allowed, your lawyer may drop your case due to insufficient time to resolve it properly.
Unhealthy attorney-client relationship
The relationship between a lawyer and their client can become unhealthy if there’s a lack of communication, trust, or respect for the attorney-client privilege in Illinois. Injury victims may feel ignored or unsupported, which can lead to frustration and mistrust. When this breakdown occurs, a lawyer may choose to withdraw to avoid further harm to the case or the working relationship.
Criminal requests by the client
If a client requests that the lawyer engage in criminal or fraudulent activity during the case, a lawyer may drop the case to remain ethical and protect themselves and their license.
How a lawyer withdraws from a personal injury case in Illinois
If a lawyer decides to drop your case, they must follow Illinois Rule 1.16. Under this rule, a lawyer may withdraw if it won’t harm your case and if there’s a valid reason, such as a breakdown in communication, failure to meet obligations, financial hardship for the lawyer, or if the client insists on illegal or unethical conduct. In all personal injury cases, the lawyer must take steps to protect your interests before ending representation.
Even if a lawyer withdraws, they’re still required to act in your best interest during the transition. That means returning your case file, refunding any unearned fees, and giving you enough notice to find a new attorney. You also have the right to ask why your case was dropped and to get that explanation in writing, which can help when you speak with another personal injury lawyer.
Responding when a personal injury lawyer drops your case
When you learn that a personal injury lawyer is dropping your case, consult with them to determine why they are withdrawing their representation. Request all important information about your case up to this point so your next attorney can review it. Additionally, you may want to confirm that there are no unexpected costs that you may be required to pay at this juncture.
To move forward, begin scheduling consultations with other personal injury attorneys so you can find new representation that fits the needs of your case. Take the time to learn about your options and how the new attorney may approach your case. Ask about their experience and track record. It’s also beneficial to find out if the reason the previous lawyer dropped your case will have any bearing on your options moving forward.
Horwitz, Horwitz & Associates can carry your case to the finish line
When you need a new attorney for your case, Horwitz, Horwitz & Associates can help you navigate the challenges of your case. We take the time to review the previous history of your case and discuss the actions you can take moving forward. You have the right to seek justice, and we will fight to make that possible. To discuss your options with our team, schedule a free consultation by contacting us online or calling us at (800) 985-1819.
