Personal injury law covers a wide range of accidents and injuries, from car crashes to slip and falls. However, not every incident qualifies for legal action, and not every lawyer will take every case. Mississauga personal injury lawyers are selective when deciding which claims to pursue, and for good reason. Some cases are too difficult to prove, offer too little potential compensation, or fall outside their area of expertise. Here’s a breakdown of the types of cases personal injury lawyers typically won’t take on.
Cases with Minimal or No Injuries
One of the main reasons a personal injury lawyer may decline a case is if the injuries are too minor. If the incident caused only temporary discomfort or required little to no medical treatment, it’s unlikely to result in significant compensation. Lawyers often work on a contingency basis, meaning they only get paid if you win. Minimal damages mean minimal payouts, which often aren’t worth the time and cost of pursuing a case.
Cases Where the Client Is Mostly at Fault
In many jurisdictions, including Ontario, personal injury claims are subject to contributory or comparative negligence laws. If a potential client is found to be mostly or entirely at fault for the accident, the likelihood of recovering compensation is slim. Even if some liability can be shifted to another party, lawyers may still reject the case if the odds of success are too low. Building a strong case requires a solid foundation of liability, and without that, the claim becomes too risky.
Cases with Limited or No Insurance Coverage
Another reason lawyers might refuse a case is the lack of available insurance coverage. Even if the injured person has a strong case, it becomes difficult to recover damages when the at-fault party is uninsured or underinsured. Unless the defendant has significant personal assets (which is rare), collecting compensation may be next to impossible. In such cases, lawyers may advise clients to pursue other avenues or simply move on.
Claims That Are Outside the Statute of Limitations
Every province sets a time limit for filing personal injury claims. In Ontario, for instance, the statute of limitations is generally two years from the date of the incident. If too much time has passed, and a client tries to file a claim after the deadline, lawyers will usually reject the case outright. While there are exceptions in rare situations, most expired claims are considered legally dead ends.
Cases with Unrealistic Expectations
Sometimes, a lawyer may turn down a case because the client has unreasonable expectations. If a client believes their minor injury entitles them to millions of dollars, or insists on going to trial when a settlement is clearly the better option, it could signal a difficult working relationship. Lawyers look for clients who understand the legal process and are open to realistic outcomes.
Highly Specialized or Unusual Claims
Some personal injury claims require a very specific legal background. Medical malpractice, for example, involves unique laws and complex evidence. A general personal injury lawyer may decline such cases unless they have relevant experience. Similarly, cases involving defective products, aviation accidents, or maritime injuries may require niche legal knowledge and are often referred to specialists.
Conclusion
While personal injury law is designed to protect individuals harmed by negligence, not every incident qualifies for legal action. Lawyers must carefully assess the risks and rewards of each case. Understanding which types of cases are typically declined can help injured individuals set realistic expectations and find the right legal support for their situation.
