People often wonder if lawyers take personal injury cases they can’t win. This is a common question - and for good reason. After an accident, you want to know that a lawyer will take your case seriously and handle it appropriately.
Do lawyers take cases they can't win? Generally, no. Personal injury lawyers typically work on a contingency fee basis, meaning they only get paid if you win. This financial model requires them to thoroughly screen cases and only invest their time and resources into claims they believe have a strong probability of success.
Understanding how personal injury lawyers evaluate cases can give you insight into their decision-making process and help you recognize how legal skills, experience, and strategy are applied from the start.
If you’re considering a claim and want professional, experienced guidance, contact Abels & Annes, P.C. to get the help and answers you need.
First, What Makes a Personal Injury Case Winnable?
If you’ve suffered an injury due to an accident - whether it’s a car crash, slip and fall, bicycle accident, or another type of incident - you may wonder if your situation qualifies as a strong personal injury claim.
Not every accident or injury will result in a successful lawsuit or insurance claim. Personal injury attorneys rely on a detailed vetting process to decide which cases are likely to win.
Legal Merit: Does the Law Support the Claim?
Legal merit is the foundation of any personal injury case. For a case to be viable, there must be a clear violation of the law or legal rights.
Most personal injury lawsuits rely on the concept of negligence (or, less often, strict liability), which means someone failed to use reasonable care, and that failure led directly to another’s injury.
Not every accident is grounds for a lawsuit - a claim must show that a duty of care was breached.
The Strength of the Evidence?
No matter how serious an incident or injury may seem, a case is only as strong as the evidence that supports it. For a personal injury case to be viable, the attorney must be convinced that there’s enough documentation and information to prove what happened, who was at fault, and the nature and extent of damages.
If key records or witnesses can't be found - or if your injury can’t be clearly linked to the accident - a personal injury claim may be too risky or weak to pursue.
Liability: Who Is Responsible for the Injury and Can The Lawyer Prove Liability?
Another aspect of case viability is liability. For you to recover damages, someone else must be legally “at fault.” Lawyers look for:
- Clear liability: Was another person, business, or entity negligent? Can the facts demonstrate this was the primary cause of injury?
- Multiple defendants or third parties: In some cases, there might be multiple responsible parties, making the case more promising. For example, a trucking company might be responsible alongside the driver if it failed to maintain vehicles, or a city or company might be liable for unsafe crosswalks or poorly maintained premises.
- Defendant’s resources/insurance coverage: Even if fault is clear, recovery is either limited or enhanced by the defendant’s insurance and available assets. Lawyers investigate whether a proper payout is possible.
Thoroughly evaluating who is responsible is essential, and a lawyer must determine if there’s any chance of a sufficient payout.
When Does a Lawyer Take Difficult Cases?
You will need to show your attorney the facts and evidence. Some cases seem unwinnable based on preliminary evidence, but the circumstances change as more evidence comes in. The most common example is a car accident. The police report blamed one party when the other party caused the accident. An attorney can contest the validity of the police report and present evidence on the contrary.
A lawyer will also take your case if they see the monetary value. If the accident caused a catastrophic injury, it will have a much larger value. Even if the preliminary evidence appears to go against you, a lawyer can see the potential in conducting a thorough investigation. Your damages are substantially more significant, and the court will also see the value in a claim. An investigation is crucial if the accident involves a death.
How Lawyers Assess the Probability of Winning a Personal Injury Case
After a lawyer takes a look at a case to determine if there's a chance it could be successful, they'll need to dig deeper to see how likely it is that they can win. Here's what they'll look at to make this determination:
Medical Records Review
Thorough medical records are the foundation of personal injury cases. Lawyers begin by examining every hospital bill, doctor’s report, diagnostic scan, note from your primary care provider, test result, and record of therapy, medication, or rehabilitation. They’re looking for clear evidence that shows what injuries you sustained, how severe they are, and, most importantly, that they directly result from the accident in question.
Attorneys also review these records for any mention of pre-existing conditions, as opposing insurance companies may claim your pain or limitations existed before the incident. Connecting your accident to your injuries through consistent documentation is essential for establishing damages and causation.
Accident and Police Reports
Personal injury lawyers carefully scrutinize all official accident or police reports related to the incident. These reports often contain objective diagrams, identification of all parties involved, the responding officer’s opinions about fault, and an account of what led to the injury. Enumerated traffic or safety violations, citations, or observations (such as sobriety testing or noted hazardous conditions) are vital supporting evidence.
Sometimes, accident reconstruction experts may be brought in to carefully analyze these reports for technical information. The reliability and clarity of these official documents can make or break a case.
Witness Testimony
People who saw or heard what happened at the time of the accident play a crucial role in corroborating or challenging your version of events. Effective attorneys locate independent, third-party witnesses (as opposed to friends or family) and carefully interview them to extract factual and detailed statements.
They’ll consider the witness’s ability to see or remember key details and any potential biases. If the witness backs up your story, the impact on your case can be strong.
Comparing Similar Cases
Attorneys turn to their experience and resources, looking at other cases involving similar accidents, injuries, and circumstances. For example, they look into what judges or juries have awarded for comparable back injuries, head trauma, fractured bones, or scarring, depending on the type of incident.
Every jurisdiction has local precedents and known insurance company practices, helping lawyers develop realistic expectations for compensation, value, and probable pushback at both negotiation and trial stages. This also helps avoid unreasonable expectations and strategic mistakes.
Preliminary Settlement Discussions
Before launching into hard-fought litigation, experienced personal injury lawyers explore the possibility of settlement with the insurance company. These conversations let both sides informally lay out the strengths and weaknesses of their cases. The insurer’s willingness to pay - even a low offer at this early stage - can reveal whether they believe their defense has merit. Negotiating early can also speed up just compensation for injured parties, reduce costs, and avoid trial altogether if the parties reach a fair agreement.
Trial Considerations
Personal injury lawyers must consider whether your case is strong enough to present before a judge or jury. This involves evaluating if your story is clear, consistent, and compelling, and if the documentation, witnesses, and overall narrative are strong enough to win sympathy and approval.
Attorneys prepare detailed exhibits, anticipate likely questions or challenges, and envision how the judge or jurors will perceive your injuries or losses.
They will also estimate the risks of testimony under cross-examination or defense strategies that could sway the outcome. If evidence is weak or legal issues are vulnerable to clever defense attacks, a case might be unlikely to win in court.
By weighing these factors in detail, personal injury lawyers can decide what cases make sense to take on.
Contingency Fee Structure – Why Lawyers Only Take Cases They Think They Can Win
When you want to hire a personal injury lawyer, you’ll often hear that they work on a contingency fee basis. This fee arrangement can explain why lawyers must carefully select cases with a strong probability of success.
Because they invest their own time and resources without upfront payment, the contingency fee model incentivizes them to focus on claims with clear merit and a reasonable path to recovery.
A contingency fee means you do not pay your lawyer upfront or hourly. Instead, your lawyer’s payment is contingent (depends) on you actually winning your case or obtaining a settlement.
If you recover money, your lawyer gets a percentage, plus reimbursement for any costs advanced to pursue the case.
If you receive nothing, you owe your lawyer nothing for their work. Because they work for free unless they win, attorneys take only cases with solid chances for success.
How to Improve Your Chances of Winning a Personal Injury Case
Improving your chances of winning a personal injury case starts with understanding what steps you can take to build a strong claim, provide convincing evidence, and work effectively with your attorney from day one.
Act Quickly
The timeline for filing a personal injury claim is limited by the statute of limitations, which can be as short as a year or two, depending on where the accident occurred. The sooner you contact an attorney, the more legal options and paths to compensation you will have. Prompt action ensures essential evidence (like accident scene videos/photos or witness memories) is preserved.
Keep Comprehensive Records
Clear, organized, and detailed documentation is a cornerstone of a winning case. Always save every piece of paperwork connected to your injury - medical records, treatment bills, insurance communications, accident or police reports, wage loss letters, and any photographs of injuries or property damage. These records provide the physical proof insurance companies and opposing attorneys demand when assessing or defending a claim.
Follow Medical Advice
After an accident, attending all doctor appointments, undergoing recommended tests or therapy, and following prescribed medical treatments are essential. Insurance companies will closely scrutinize your records and timelines for any gaps. Failing to follow medical advice, missing appointments, or discontinuing treatments can be used against you to argue that your injuries weren’t serious, are unrelated, or have healed.
Be Honest
Candor with your lawyer is essential for building a strong case. Share anything relevant, including pre-existing conditions or prior accidents, even if you worry it’ll hurt your claim. Experienced legal teams are skilled in navigating issues if they’re prepared, but concealed information can wreck your case and credibility if it’s revealed by opposing parties or in court.
Consider Multiple Opinions
Each law firm has different experience - don’t hesitate to reach out to a few attorneys for a case review. A fresh perspective might catch evidence, defenses, or legal strategies that others overlooked, helping to give your claim the best shot at a successful outcome. It also ensures you feel confident and informed about the attorney you choose to represent you.
What Happens if a Lawyer Decides Not to Take a Case?
If a personal injury lawyer declines your case, it can be discouraging - but understanding what happens next can save you time and point you in a more productive direction.
- Request Feedback: Politely ask why your case isn’t a fit. Lawyers can provide valuable insight or point out specific gaps in your case that you may be able to fix.
- Seek a Second Opinion: Another law firm may have a different view or more resources for cases like yours.
- Gather More Documentation: You may simply need more solid evidence - such as medical records, police reports, or witness statements - to make your case more attractive.
If your case has been turned down before or you want to review the strength of your claim, the caring, experienced team at Abels & Annes, P.C. is available 24/7 for free consultations to help you understand your options and fight for the best possible results.
Do Lawyers Take Cases They Can’t Win? - Frequently Asked Questions
What should I do if I am injured and think I have a case?
Reach out to a personal injury lawyer for a consultation. They can explain your rights and guide you on the proper steps to take.
How do I know if my case is strong enough for a lawyer to take it?
Lawyers look at the available evidence, who is at fault, and the value of your damages (economic, non-economic, and, in rare cases, punitive) to decide if your case is viable.
What if I don’t have enough evidence to win my case?
Your lawyer can often gather additional evidence, bring in expert witnesses, and conduct further investigation to help build a stronger case.
What if my case gets denied by my insurance company?
Contact a personal injury lawyer immediately - they can help you appeal the denial or even file a lawsuit if necessary.
What if I was partially at fault for my accident? Can I still have a case?
Yes, in many states, you can still recover damages even if you were partially at fault. Most states use a comparative negligence system. This means your percentage of fault would reduce your final compensation award. An attorney can explain the specific rule for your state.
Does hiring a lawyer mean my case will definitely go to trial?
Not at all. In fact, the vast majority of personal injury cases—more than 95%—are settled out of court. Lawyers prepare every case as if it might go to trial because this show of strength and preparation is what often convinces the insurance company to offer a fair settlement during negotiations. The goal is to get you just compensation as efficiently as possible, which often means avoiding a lengthy trial.
Are there other costs besides the attorney's contingency fee?
Yes, every lawsuit involves case expenses. These are separate from the attorney's fee and include costs for things like court filing fees, expert witness fees, obtaining medical records, and deposition transcripts.
Our firm typically advances these costs on your behalf, and they are then reimbursed from the settlement or award you receive at the end of the case. We will discuss this transparently with you when we review your case.
Contact Abels & Annes, P.C. for Your Free Consultation With a Personal Injury Lawyer
If you or a loved one has been injured and you’re unsure if you have a strong personal injury case, don’t wait to get answers. Abels & Annes, P.C. has been recognized on the Top 100 Lawyer List published by Super Lawyers and has recovered millions of dollars for clients through verdicts and settlements.
Our experienced team is dedicated to carefully evaluating your situation and fighting for the compensation you deserve. We offer free consultations 24/7, so there’s never a bad time to get help. Contact Abels & Annes, P.C. today for your free consultation.
David Abels
Partner
David Abels has carved a niche for himself in the personal injury law sector, dedicating a substantial part of his career since 1997 to representing victims of various accidents. With a law practice that spans over two decades, his expertise has been consistently recognized within the legal community.
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