Why would a personal injury attorney deny a case?

Personal Injury - June 30, 2026 by Horwitz, Horwitz & Associates

Many personal injury attorneys work on a contingency basis, which requires them to carefully consider the claims they take on, and they will often decline a case if they are not confident they can recover adequate damages.

An Aurora personal injury lawyer at Horwitz, Horwitz & Associates understands how frustrating it can be to have your case denied, especially if you don’t understand why. We always want our clients to feel informed about their situation, and we’re here to help you understand why lawyers may deny your case.

Attorney's desk - Why would a personal injury attorney deny a case in Aurora, IL?

What are the most common reasons a personal injury attorney denies a case?

When personal injury attorneys work on contingency, they typically do not receive any compensation up front, but collect a percentage of what you recover. Because this means the firm provides time and resources without guaranteed payment, it must be more selective about the cases it takes and whether it can justify the costs of litigation.

Unclear liability or weak evidence

If an attorney doesn’t feel you have a strong case, or believes you hold too much of the liability, they may refuse to file a personal injury claim because they don’t expect to recover enough compensation to justify the costs.

Signs of unclear liability or weak evidence include missing documentation, such as video footage or a police report, and medical records that don’t clearly connect your injuries to the accident. It may also mean that the other person has evidence to suggest you hold substantial liability for the incident.

Limited damages or low case value

Sometimes you may have a case with sufficient evidence and relatively clear liability, but you sustained minimal injuries and property damage, resulting in a lower settlement amount. If you have a relatively simple case with little physical damage and property loss, the insurance company may be willing to quickly provide a fair offer and close out the case.

Damages are typically calculated by including your actual financial costs, such as medical bills, repair costs, and monetary losses. They may also include non-tangible damages like pain and suffering related to prolonged medical treatment or lasting pain and disability.

An expired or near-expired statute of limitations

Illinois provides a 2-year statute of limitations for personal injury cases. This means that you have two years from the date of the accident to file a lawsuit with the courts. Once your limitations have expired, you are no longer eligible to file a lawsuit. This feels like a lot of time, but investigation and case preparation take time.

While you may still be eligible to file a claim up to two years after the incident, the longer you wait to begin investigating, the harder it can be to recover the evidence you need, like medical records and witness statements. Additionally, if your case needs an expert witness, they often require time to develop their testimony.

Can a conflict of interest or the wrong fit lead to a denial?

For the client-attorney relationship to function as intended, your attorney must be able to make decisions on your behalf, independent of influence from other personal or professional obligations. Some of the reasons a personal injury lawyer may decline your case for conflict of interest or poor fit include:

  • They already represent the other driver
  • They have previously represented the opposing party
  • They have confidential information that may cause an ethical conflict
  • Your type of case falls outside of their practice areas
  • The firm lacks the resources necessary to ethically and effectively handle your case

Some denials for poor fit may also be an ethical consideration. For example, if an attorney typically handles product liability cases, but you are looking for someone to help you with a truck accident, they may know that they lack the necessary experience to effectively represent you.

Does a denied case mean you have no claim?

A denial from a firm in no way means you do not have a case. There are a number of reasons they may decline to represent you that have nothing to do with your case. Sometimes, you may even find that another firm or attorney can identify strengths in your case that the first did not.

Reputable firms will typically give you a reason for the denial, which can help you determine whether and how you want to proceed. This may mean you gather additional information to provide, contact someone with different experience, or just find a new firm.

Get a second opinion from Horwitz, Horwitz & Associates

If another firm has refused to take your case, all hope is not lost. It is almost always wise to seek a second opinion. Call the team at Horwitz, Horwitz & Associates at (800) 985-1819 or go online to schedule a free case consultation for a second opinion.

Let us review your case and help you identify your options. We are not afraid of challenging cases, and we’re ready to support you through the process to get your needs met.