You called a law firm about your injury. You told them what happened. And then somebody said no.
That is a rough phone call to end. Most people hang up assuming their injury does not matter or that they did something wrong. In my experience, neither is usually true.
I am Jason Whiting, and I practice personal injury law here in Roanoke. Will a lawyer take my case? Sometimes yes, sometimes no. What matters is the reason behind the no, because some reasons say something about your claim and others say nothing about it at all.
The Reason That Has Nothing to Do With Your Case
Here is the one nobody expects. Sometimes a firm turns down a case because it is full.
We keep our case portfolio at a deliberate limit. That choice costs us business. But it is the only way I know to run a practice where the phone gets answered when you call, where you can walk in our door on Brambleton Avenue and find somebody here, and where you are talking to me and not a case manager you have never met.
I could take every case that came through the door and do a worse job on all of them. I would rather say no honestly on the first phone call than say yes and hand you a version of this firm that is not the one we advertise.
So if a firm tells you they cannot take your case, ask whether it is a capacity issue or a merit issue. Those are two different conversations, and a straight answer costs them nothing.
The Reasons That Do Involve Your Case
I am not going to pretend capacity is the only reason a claim gets declined. There are real ones, and you deserve to know them.
Liability is genuinely contested
If it is unclear who caused the crash, or there is a credible argument that you contributed to it, the risk of the case changes substantially. In Virginia that risk is more severe than in most states, for reasons I explain below.
The injuries are minor relative to the cost of pursuing them
Litigation costs money: medical records, expert opinions, depositions, filing fees. If the likely recovery would be consumed by the cost of getting it, a lawyer who takes the case anyway is not doing you a favor. That is not the same as saying your injury did not happen.
There is no meaningful insurance coverage to reach
A claim is only worth what can actually be collected. If the at-fault driver carries minimum limits and has no assets, and you have no underinsured motorist coverage, there may be no realistic source of recovery no matter how strong the liability picture looks.
The deadline has passed or is about to
Every claim has an expiration date. Once it runs, the strongest case in Virginia is worth nothing.
There is a gap in your medical treatment
If you waited months to see a doctor, or started treatment and stopped, the insurance company will argue the injury was not serious or was caused by something else. That argument is often wrong, but it is hard to answer, and it makes the case harder to prove.
How Virginia’s Contributory Negligence Rule Changes the Math
This is the piece most people outside Virginia do not know, and it is the single biggest reason a case that would be viable in another state may not be viable here.
Virginia follows contributory negligence. In plain English: if you are found to have contributed to the accident at all, even slightly, you may be barred from recovering anything. Not reduced. Barred. Most states reduce your recovery in proportion to your share of fault. Virginia is one of a small handful that does not.
That is why a Virginia lawyer will ask questions about your own conduct that feel accusatory. We are not doubting you. We are stress-testing the case the way a defense attorney will, because here one percent of fault is a case-ending problem.
It also means that when a Roanoke firm declines a case a friend in North Carolina tells you sounds strong, the difference may be the state line, not the facts.
The Deadline You Cannot Get Back
In Virginia, the general limitation period for a personal injury claim is two years from the date of the injury under Virginia Code § 8.01-243(A). If you file after that window closes, the claim is generally barred regardless of its merit.
Some situations carry different or much shorter deadlines. Claims involving injured minors follow different rules, and claims against a city, county, or state agency can require written notice within a matter of months. Do not assume you have two years.
This is why I tell people not to sit on a no. If one firm declines and you spend eight months deciding whether to call anyone else, the calendar may make the decision for you.
What to Do If a Lawyer Turns Down Your Case
Three things, in order.
- Ask why. A capacity no and a merit no are different, and you are entitled to know which one you got.
- Ask for a referral. This is the part I care most about. When we cannot take a case, I do not just wish somebody luck. I point them toward a lawyer in the Roanoke Valley I actually know. Southwest Virginia has a deep bench of competent, ethical personal injury attorneys, and many of them are people I have known for years. Who you call next is always your decision, but you should not have to make it off a Google list with no guidance.
- Get a second opinion. Firms have different caseloads and different appetites for risk. One no is one lawyer’s read on one day. It is not a verdict on your claim.
How Whiting Injury Law Handles Cases We Can’t Take
If you call us and we are not the right fit, you will hear the actual reason. If it is a merit problem, I will tell you what the problem is so the next lawyer you talk to is not starting from scratch. If it is capacity, I will say so and give you a name.
If we can take it, we walk you through the process before you sign anything, including how a personal injury case moves through our firm and how the fee works and what you actually receive at the end.
Consultations are free and there is no fee unless we recover for you. If the honest answer is that you may not need a lawyer at all, I will tell you that too. I have written about when hiring a lawyer after a crash actually makes a difference, and the answer is not always yes.
Call 540-RECOVER or reach us through whitinginjury.com.
Frequently Asked Questions
Does a lawyer turning down my case mean I have no case?
No. A declined case can mean the firm is at capacity, that the claim does not fit their practice areas, or that they assessed the risk differently than another lawyer would. It is worth asking the firm directly whether the reason was capacity or the merits of the claim, and it is worth getting a second opinion before you assume the claim has no value.
Why would a personal injury lawyer turn down a case?
The most common reasons are contested liability, injuries too minor to justify the cost of pursuing them, no meaningful insurance coverage to recover from, an expired filing deadline, or gaps in medical treatment that make the injury hard to prove. Some firms also decline cases simply because they are already handling as many as they can properly manage.
Can I get a second opinion after a lawyer says no?
Yes. Nothing prevents you from consulting another attorney, and most personal injury firms offer free consultations. Lawyers weigh risk differently and have different caseloads, so a second firm may reach a different conclusion about the same facts.
How long do I have to file a personal injury claim in Virginia?
The general limitation period for personal injury claims in Virginia is two years from the date of the injury under Virginia Code § 8.01-243(A). Claims involving minors and claims against government entities may carry different or significantly shorter deadlines, so you should not assume the two-year window applies to every situation.
What is contributory negligence and how does it affect my case in Virginia?
Virginia follows contributory negligence, which means that if you are found to have contributed to the accident even slightly, you may be barred from recovering anything at all. Most states reduce a recovery in proportion to fault instead of eliminating it. This is why Virginia attorneys evaluate a claimant’s own conduct carefully before accepting a case.
Will Whiting Injury Law refer me to another lawyer if you can’t take my case?
Yes. When we cannot take a case, Jason Whiting will point you toward an attorney in the Roanoke Valley he knows and trusts and believes is a good fit for your situation. The final decision about who to hire is always yours.
Does it cost anything to have Whiting Injury Law look at my case?
No. Consultations are free, and we work on a contingency fee, which means there is no fee unless we recover for you. If we believe you do not need a lawyer, we will tell you that as well.
Talk to Us Before the Clock Runs Out
If a firm has already told you no, that is a reason to make one more phone call, not a reason to stop. And if nobody has looked at your claim yet, the sooner it gets evaluated the more options you have.
We serve Roanoke, Salem, Vinton, Lynchburg, Danville, Martinsville, and Bedford, and our office is at 3603 Brambleton Ave SW in Roanoke.
Call or text 540-RECOVER, or request a free consultation at whitinginjury.com. We will give you a straight answer either way.
This article provides general legal information about Virginia law and is not legal advice for any specific situation. Reading it does not create an attorney-client relationship.