It’s not uncommon for someone to believe they have a strong accident case, only to be turned down by an attorney. So why does that happen?

In short: negligence must be proven—and that’s a two-prong test. First, we must show liability (someone else did something wrong). Second, we must prove damages (you were actually harmed). Negligence is defined as the failure to use the care that a reasonable person would under similar circumstances. If either prong is weak—if fault isn’t clear or if your injuries aren’t well-documented—your case may not be worth pursuing.

Let’s start with liability. If someone rear-ended you, they are at fault—but if you weren’t injured, the case has little value. No matter how frustrating the situation, lawyers can’t take on a case with no damages. The same goes if you're partially at fault. Shared blame, liars poker,  lowers the value of your claim and makes the case harder to win.

Damages are more than just saying “I’m hurt.” They must be documented with police reports, medical records, and treatment notes. Unfortunately, not all local doctors understand how to write effective medical-legal reports, the most important part of the case. These reports should support your claim without stretching the truth. That’s why I’ve taught physicians at the International College of Orthopedic Surgeons how to properly document injuries from a legal perspective.

Another reason attorneys pass on cases? No insurance. If both you and the defendant are uninsured, there’s often no path to recover damages—unless the defendant has significant personal assets. On the other hand, if you have uninsured motorist (UM) coverage, your lawyer can pursue a claim with your own insurance company.

Even when liability and damages are clear, clients must do their part. That means being responsive, staying off social media, and showing up to all medical appointments without gaps. Delays in treatment or disappearing from the process altogether will devalue your case.

Then there's the question: will a jury like you? Will they empathize with your situation? A “bad” defendant—say, a drunk driver or someone with a criminal record—can raise the value of your case. A “good” defendant, like a father distracted by a child in the backseat, makes your case more difficult. Juror perception matters. Things like appearance, demeanor, and even tattoos can influence outcomes more than most people expect.

Strong witnesses can also make or break a case. Independent (non-family) witnesses who can speak to the impact of your injuries add credibility. Likewise, if your treating physician is willing and able to testify confidently, that can significantly improve your chances.

Venue is another factor. Not all courts are created equal when it comes to damages. For example, jury verdicts in Indio are generally more conservative than those in Santa Monica or Beverly Hills. That may be due to demographic differences—jurors from wealthier areas tend to award higher settlements. So, where your case is filed can have a big impact on how much it's worth.

When someone comes to me with minimal injuries, no insurance, and a defendant who’s also uninsured, I explain that they may not need a lawyer. They can “pop the policy” on their own—collecting from their insurance directly—without splitting the payout with an attorney. That’s the ethical approach. I only want to take a case when I know I can add value and make the client happy. When legal fees, medical bills, and time are factored in, there’s often very little left over. That’s not the kind of outcome I want for a client.

My goal is always to help clients secure the best possible result and walk away satisfied. If I can’t do that, I’d rather point you in the right direction than take on a case that’s likely to disappoint.

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Upon advice of my attorney, Dale Gribow, I exercise my right to remain silent until you contact him at (760) 837-7500 or [email protected] for an OK. He advises, “the OPTIONAL FIELD SOBRIETY AND (PAS) PRELIMINARY ALCOHOL BREATH TESTS, at the scene, are OPTIONAL (unless one is on probation). Thus, I elect not to take them, but I want to cooperate and take a BLOOD TEST.”

Remain SILENT! It’s NOT what’s said. It’s what the insurance company/police, THOUGHT YOU SAID. They are NOT on Your Side | You are NOT in Good Hands | and Your Friendly Neighbor |will NOT give you a Piece of the Rock.

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35-Top Lawyer | 10.0/5-Star Career PI/DUI Awards | 9 Man of the Year | 4 Dale Gribow Days | “Mr. Charity”- recognizing dozens of legal/philanthropic awards… signifying “The Best.” Dale limits cases and personally answers calls.
You don’t need a lawyer…until you do, so Save my number, 760.837.7500 for a rainy day, next to your plumber and electrician. I'll guide or find affordable options for you…honestly!