4 Reasons Why a Personal Injury Lawyer May Reject Your Case

A lawyer just told you they won’t take your injury case, and now you’re wondering whether that means you don’t have one. If you feel discouraged, or unsure whether it’s worth calling anyone else, that’s normal.

Here’s the plain answer: a “no” isn’t a ruling on your claim. Lawyers turn down injury cases for four kinds of reasons: the case would cost more to pursue than it could recover, fault or causation would be hard to prove, the deadline has passed or is too close, or the lawyer can’t take it because of a conflict of interest, the kind of case or a full caseload. Only one of those, the evidence, is about the strength of your claim. Ask which reason applied, check your deadline and get a second opinion.

The hard part is the claims process itself: its deadlines keep running while you look for help, and being turned down doesn’t pause them. Michigan’s rules are in the boxes marked “In Michigan.”

Turned down and not sure where you stand? Get a free case review. Four quick questions, no cost, no obligation.

Why do personal injury lawyers turn down cases?

A first consultation isn’t a verdict. The commentary to Michigan’s rules of professional conduct says consultations “usually are limited in time and depth” and leave both you and the lawyer free, and sometimes required, to go no further (MRPC 1.18, comment). It also says a lawyer shouldn’t take on a matter unless it can be handled “competently, promptly, without improper conflict of interest and to completion” (MRPC 1.16, comment). What you told the lawyer stays protected: even when no attorney-client relationship follows, a lawyer generally can’t use or reveal what a prospective client shared (MRPC 1.18(b)).

Here are the four reasons, and what each one means for you.

1. The case would cost more to pursue than it could recover

Every case takes work: records, insurers and, if it doesn’t settle, a lawsuit, depositions and sometimes paid experts. Much of that work doesn’t shrink when the claim is small. A lawyer may say no when:

• The injury is minor or has healed, so the likely recovery wouldn’t cover the time and costs.
• There isn’t enough insurance. If the person who hurt you has little liability coverage and few assets, the policy may be all there is to collect, and several injured people may be claiming against the same limit.
• The proof would cost too much for what the case could recover. For medical malpractice, see why many lawyers turn down smaller malpractice cases.

What it means for you: your claim may be real but small. You may be able to settle it yourself or use small claims court (below). If another driver’s coverage is too low, check your own policy for underinsured motorist coverage. For what drives a claim’s value, see how to evaluate a personal injury case.

2. Fault or causation would be hard to prove

To win a negligence claim, you generally must show that someone failed to act with reasonable care and that this caused your harm (Cornell Law School’s Legal Information Institute). A lawyer may say no when:

• Fault is disputed, and there’s no video or independent witness, or the police report points at you.
• You may share the blame. In most states, that reduces what you recover rather than ending the claim, although the majority cut off recovery once your share reaches 50% or 51%. Alabama, Maryland, North Carolina, Virginia and D.C. still follow contributory negligence, under which any fault can bar recovery (Legal Information Institute).
• The link to your injury is weak, for example after a long gap in treatment, or when an old injury affected the same part of your body. See how causation is proved.

What it means for you: this is the one reason about the strength of your claim, but it’s one lawyer’s view of the evidence you brought that day. Ask what was missing: photos, records or a witness you didn’t mention may change the picture, and another lawyer may weigh the same facts differently. See how fault is decided in each state.

3. The deadline has passed, or is too close

Every state sets a deadline to sue, called a statute of limitations, and some claims need written notice much sooner. A lawsuit filed too late can be dismissed however strong it is (in Michigan, MCL 600.5805(1)). A lawyer may decline when the deadline has passed, or when too little time is left to investigate and file properly.

What it means for you: find your exact deadline today (see the plan below), and don’t count on the lawyer who declined to track it. If time is short, say so at the start of every call. Some deadlines have exceptions, but don’t rely on one without a lawyer’s advice.

4. The lawyer can’t take it: a conflict, the kind of case or a full caseload

Some turn-downs are about the lawyer, not you. Under Michigan’s rules:

• A conflict of interest. A lawyer ordinarily can’t act against someone the lawyer represents in another matter, even an unrelated one, and representing two people hurt in the same accident can be a conflict if their accounts differ substantially (MRPC 1.7 and comment). One lawyer’s conflict generally extends to the whole firm (MRPC 1.10(a)).
• The kind of case. A lawyer may not handle a matter the lawyer knows, or should know, they aren’t competent to handle, unless they bring in a lawyer who is (MRPC 1.1(a)).
• A full caseload. A lawyer’s “workload should be controlled so that each matter can be handled adequately” (MRPC 1.3, comment).

What it means for you: none of these says anything about your case. Ask who does handle this kind of claim, and look at a different firm. If the lawyer refers you and would share the fee, see the questions to ask about fees.

Why won’t lawyers take small injury cases?

Injury lawyers often work on a contingency fee, meaning their pay depends on winning or settling the case and on how much it recovers (MCR 8.121(A)). The lawyer puts in the time, and may advance case costs such as records, filing fees and expert witnesses (MRPC 1.8(e)), for a fee paid out of any recovery. So before saying yes, a lawyer weighs the likely recovery, the chance of winning, the work and costs involved, and whether there’s insurance to collect. When those don’t add up, the answer can be no even though you were clearly wronged: a “no” can be about economics, not the merits.

A made-up example, using Michigan’s cap: a claim is expected to settle for $9,000, with $600 in case costs. The fee could be at most one-third of the $8,400 left after costs, or $2,800, and you’d keep $5,600 before any liens. If that takes months of work, or might recover nothing, it may not work for the lawyer. It may not work for you either: with a small claim, you sometimes keep more by handling it yourself. See when a lawyer is worth the fee and how personal injury lawyers get paid.

If your claim is too small for a contingency fee, ask whether a lawyer would review an offer or a release for an hourly or flat fee. Michigan’s rules allow a limited arrangement like that if the limit is reasonable and you give informed consent (MRPC 1.2(b)).

What should you do after a lawyer turns you down?

Ask why, ask for a referral, and get the answer in writing

Before the call ends, or in a short email afterward, ask:

• Which reason was it: the value, the insurance, the evidence, the deadline, a conflict or the kind of case?
• What deadline do you see for my claim, and is any notice due sooner?
• Who would you suggest I talk to?
• Can you confirm in writing that you’re not taking my case, and return anything I left with you?

A written “no” leaves no doubt about whether anyone is working on your claim. Under the commentary to Michigan’s ethics rules, most of a lawyer’s duties to a client “attach only after the client has requested the lawyer to render legal services and the lawyer has agreed to do so” (MRPC 1.0, comment). So don’t count on a lawyer who declined to track your deadline.

If a lawyer who had agreed to take your case is now withdrawing, Michigan’s rules require reasonable steps to protect you, such as reasonable notice, time to hire another lawyer and handing over the papers and property you’re entitled to (MRPC 1.16(d)). Doubt about whether the lawyer still represents you should be cleared up by the lawyer, “preferably in writing” (MRPC 1.3, comment).

Gather your records

Put in one place what a new lawyer will want to see: the police or incident report, photos, medical records and bills, insurance letters, proof of lost pay, witnesses’ names, anything you’ve signed, and notes on what the first lawyer said. Federal law generally gives you the right to a copy of your medical records; a provider must act on your request within 30 days, and can extend that once, by up to 30 more days, with a written explanation (45 CFR 164.524). For a full checklist, see what to bring to a lawyer.

Check your deadline today

Every state sets its own deadlines, and they change. Florida, for example, cut its deadline for negligence lawsuits from four years to two for claims that arose after March 24, 2023 (Fla. Stat. § 95.11(5)(a); ch. 2023-15, Laws of Fla.). See every state’s deadline to sue.

Get a second opinion

Another lawyer may see your case differently, especially one who regularly handles claims like yours. The State Bar of Michigan’s guide to hiring a lawyer notes that a good lawyer may tell you “that you do not have a case,” and that if you’re not satisfied with a meeting, you always have the option to talk to other lawyers. Tell the next lawyer why the first one declined. Bring the questions to ask an injury attorney, and see what a personal injury lawyer does, step by step and how to choose the right lawyer for your case.

Want a second opinion? Get a free case review. Four quick questions, no cost, no obligation.

Consider small claims court for a small claim

If your losses are small, you may be able to handle the claim yourself, and small claims court is designed for smaller cases; its limits and rules vary by state. Before you settle or file, add up all your losses and read when you may not need a lawyer.

If it’s only damage to your car: Michigan’s mini-tort

If a Michigan crash after July 1, 2020, damaged your vehicle and insurance didn’t cover all of it, such as your collision deductible, you can claim up to $3,000 from the at-fault driver (MCL 500.3135(3)(e)). Your share of the fault reduces it, and you get nothing if you were more than 50% at fault (MCL 500.3135(4)(a)). The claim must be brought in small claims court whenever legally possible, and lawyers can’t take part there (MCL 500.3135(4)(c), 600.8408(1)). See how to file a Michigan mini-tort claim.

What to do next

1. Ask the lawyer why, what deadline they see and whom they’d suggest, and get the “no” in writing.
2. Write down your deadlines today, starting with anything due before the deadline to sue, such as Michigan’s one-year notice for no-fault benefits.
3. Gather your records in one place, including notes on what the first lawyer said.
4. Get a second opinion, ideally from a lawyer at a different firm who handles cases like yours. Get a free case review, or in Michigan, compare injury lawyers near you.
5. If the claim is small, weigh negotiating yourself, small claims court or, for car damage in Michigan, the mini-tort.

What waiting can cost

• Your right to sue. A lawsuit filed after the deadline can be dismissed, however strong the case (in Michigan, MCL 600.5805(1)).
• No-fault benefits. In Michigan, PIP benefits need written notice or a lawsuit within a year of the accident, unless the insurer has already paid them (MCL 500.3145(1)).
• Evidence. Video gets recorded over, damage gets repaired and witnesses get harder to find.
• Time for the next lawyer. The closer the deadline, the less time a new lawyer has to investigate before filing.

What a good outcome looks like

You know why the first lawyer said no, your deadlines are on your calendar, and your records are in one folder. A second lawyer who handles cases like yours has looked at the claim. Either they’ve taken it under a written fee agreement you understand, or you know why it doesn’t make sense for a lawyer and you’re handling a small claim yourself, with the numbers in front of you. From wondering whether a “no” means you have no case to knowing why you were turned down, when your deadline falls and what your claim needs next.

Updated September 28, 2026

This guide is general information, not legal advice, and laws change. For advice about your situation, talk to a lawyer licensed in your state. Reading this page or contacting us does not create an attorney-client relationship.