Getting told “we can’t take your case” can feel confusing—especially when the crash report looks favorable, the other driver got a ticket, or your injuries are real.
Here’s the candid truth: when a personal injury firm declines a case, it’s often not because you “don’t deserve help.” It’s usually because the firm can’t prove liability, can’t collect from anyone, can’t justify the costs, or can’t ethically take it on.
Below are the five most common reasons I decline cases that appear strong on the surface—plus practical steps you can take next.
Key takeaways (the short version)
- A “good” case requires (1) legal liability + (2) documented damages + (3) a collectible source (usually insurance).
- Tickets and police reports help, but they don’t automatically prove civil liability.
- If there’s no insurance/coverage and no collectible assets, even a clear-liability case may not be practical.
- Waiting too long can create deadline problems—even when the underlying claim is valid.
- Ethical issues (like conflicts of interest) can force a lawyer to decline, regardless of case strength.
1) No provable legal liability (or you may be more than 50% at fault)
Sometimes a case sounds like the other party is responsible, but the evidence doesn’t support it strongly enough to meet the legal standard. Common examples:
- No independent witnesses and the stories conflict.
- The photos/video don’t match what’s being alleged.
- The collision dynamics don’t support the claimed mechanism of injury.
- A “he said / she said” crash with no objective proof (dashcam, surveillance, unbiased witnesses).
A big Texas issue: comparative responsibility
Texas follows a “greater than 50%” bar rule—if a jury finds you more than 50% responsible, you generally can’t recover damages under Texas proportionate responsibility law. (Texas Statutes)
That doesn’t mean your case is automatically dead if you share some fault. It does mean that liability disputes can make an otherwise “good” case risky—especially when the evidence is thin.
What helps: dashcam footage, 911 audio, consistent medical history, scene photos, and witnesses who aren’t connected to either party.
2) No insurance (or not enough coverage) to pay for the harm
This is the one that frustrates people the most: “But the other driver is clearly at fault!”
In most injury cases, the practical ability to recover money depends on insurance coverage (auto liability, commercial policies, premises liability, etc.). If the at-fault party has:
- No insurance, or
- Minimum limits that don’t match the size of the injuries, or
- Coverage defenses/exclusions that likely apply,
…then the claim may not be collectible in a meaningful way.
Texas minimum auto liability limits can be low
Texas requires minimum liability coverage often described as 30/60/25 (bodily injury per person / per accident / property damage). (Texas Department of Insurance)
If you have significant medical care, missed work, or long-term issues, minimum limits can be exhausted quickly—especially when multiple people are hurt.
What to do if the other driver is uninsured/underinsured:
- Check your policy for UM/UIM (uninsured/underinsured motorist) coverage and PIP/MedPay. These can be critical in San Antonio crashes where the other driver has little or no coverage.
- Preserve evidence early. Coverage battles often turn on details.
3) The damages don’t justify the cost of the case (even if liability is clear)
Personal injury cases are expensive to properly develop. Even a “simple” case can require:
- Record retrieval and review
- Expert consults (sometimes)
- Depositions
- Crash reconstruction (sometimes)
- Medical causation analysis
- Filing fees, service, court costs
If the documented damages are limited, the math may not work—even when the other side is at fault.
Situations that often lead to a decline:
- Minimal medical treatment or long gaps in treatment
- No objective findings and no consistent follow-up
- Quick resolution medically (soft-tissue-only with limited care can still be real, but it’s harder to justify major litigation spend)
- Lost wages claimed but not documentable
- Causation concerns (e.g., the records strongly suggest the condition pre-dated the incident and didn’t materially worsen)
This isn’t about judging anyone’s pain. It’s about whether the evidence is strong enough to support damages andwhether the case can be pursued responsibly.
What helps: consistent treatment, clear medical documentation, and wage/benefit proof (pay stubs, tax records, employer verification).
4) Timing problems: the statute of limitations or required notice may be an issue
A case can be perfectly valid—and still be unworkable if deadlines have passed or key requirements weren’t met.
The general Texas deadline (but not always the only one)
Most Texas personal injury lawsuits must be filed within two years from the date the claim accrues. (Texas Statutes)
There are exceptions and special rules (for example, certain claims involving government entities can have short notice deadlines), but the practical takeaway is simple:
Waiting is risky. Evidence disappears, witnesses move, and deadlines sneak up.
What to do right now if time has passed:
Gather your incident date, any claim correspondence, and any prior lawyer letters, and talk with a lawyer quickly—because the analysis is deadline-sensitive.
5) Ethics and practicality: conflicts, credibility red flags, or client expectations
Some declines have nothing to do with whether the other side did something wrong.
Conflicts of interest
If a firm has represented (or is currently representing) the other party, a key witness, or an involved insurer in a way that creates a conflict, the firm may be ethically required to decline.
Credibility or cooperation issues
Lawyers also have to evaluate whether a case can be presented credibly. Red flags that sometimes lead to a decline include:
- Major inconsistencies between versions of events
- Documented contradictions in medical records
- Social media content that clearly conflicts with claimed limitations
- A refusal to provide basic documents needed to evaluate the claim
- An expectation of a guaranteed result (no ethical lawyer can promise outcomes)
A decline here is often about whether the claim can be proven cleanly and responsibly—not a statement about you as a person.
If you were turned down in San Antonio, here’s what to do next
1) Ask (politely) for the reason—and what would change it
Sometimes the answer is: “We need X document,” or “We need proof of coverage,” or “We need the full medical timeline.”
2) Get and preserve the basics
- Crash report / incident report number
- Photos, videos, dashcam
- Names and contact info for witnesses
- Medical visit summaries and billing (even if you’re still treating)
- Your auto declarations page (for UM/UIM/PIP)
3) Don’t assume “declined” means “no case”
Different firms have different resources, risk tolerance, and case focuses. A decline can also mean: “We can’t take it here,” not “You have no claim.”
4) Consider the right practice-area fit
If your situation involves a specific type of claim, start with a lawyer whose practice regularly handles that area:
- Car crashes: San Antonio car accident injuries
- Commercial vehicles: Truck accident claims
- Two-wheel injuries: Motorcycle accident cases
- Serious injury: Traumatic brain injury and catastrophic harm
FAQ
Why won’t a personal injury lawyer take my case if the other driver got a ticket?
A ticket can help, but civil cases still require proof of liability, causation, and damages—plus a collectible source (usually insurance). Liability can still be disputed.
Does being turned down mean I can’t recover anything?
Not necessarily. It may mean the firm couldn’t verify coverage, couldn’t prove liability with available evidence, had a conflict, or the damages didn’t justify litigation costs.
What if the at-fault driver has no insurance?
Look at your own policy for uninsured/underinsured motorist coverage and PIP/MedPay. Texas minimum liability requirements exist, but not everyone complies. (Texas Department of Insurance)
How long do I have to file a personal injury lawsuit in Texas?
Often two years, but exceptions exist. If you’re anywhere near a deadline, talk with a lawyer quickly. (Texas Statutes)
If I’m partly at fault, can I still have a case in Texas?
Possibly. Texas law generally bars recovery if you’re found more than 50% responsible. (Texas Statutes) The facts and evidence matter a lot.
Talk with Ryan Orsatti Law
If you were turned down elsewhere—or you just want a straightforward explanation of what’s missing—our office can review the basics and tell you what issues we see and what documents would help clarify them.
Ryan Orsatti Law
4634 De Zavala Rd, San Antonio, TX 78249
Phone: 210-525-1200
Get started here: Contact us
This blog is for informational purposes only, not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee future results.