What can I do if a solicitor won't take on my injury claim?

Updated: 2 Oct, 2025
By Chris Salmon

Not all solicitors will take on every injury claim, even when the claim seems valid. This article explains why a solicitor might refuse your case, and what steps you should take if this happens to you.

At a glance

  • Meeting the basic eligibility criteria does not guarantee a solicitor will take your case.
  • Common reasons for rejection include low-value claims, poor prospects of success, or cases too close to the limitation date.
  • Solicitors must consider their own financial risk under No Win, No Fee agreements and ATE insurance.
  • If rejected, always ask why and seek a second opinion from another firm.

Am I eligible to make a personal injury claim?

You are usually eligible to make a No Win, No Fee claim if:

  • You were injured in the last three years
  • Your injuries resulted from an accident
  • Another party was responsible
  • That party owed you a duty of care

If a solicitor won't take on your claim, ask why and always get a second opinion. Gather extra evidence like medical notes, photos or witness details if you can. A fresh review can often rescue a claim.

John Kushnick

Legal Operations Director
National Accident Law

What is a duty of care?

A duty of care is a legal obligation to keep others safe from harm. For example:

  • Employers owe a duty of care to employees and contractors
  • Doctors owe a duty of care to patients
  • Road users owe a duty of care to each other

If your employer breached this duty and you were injured, they may be held liable, and a claim may be possible.

How does a solicitor assess a new injury claim?

Solicitors check if your claim meets the eligibility criteria. They will also consider whether your case is commercially viable under a No Win, No Fee arrangement. Even strong claims may be rejected if the solicitor sees high risks.

Why would a solicitor reject a valid claim?

The claim has poor prospects

Solicitors typically want a case with a greater than 50% chance of success. If liability is denied or evidence is weak, they may decline.

The claim is low value

Claims worth less than £1,500 usually fall under the small claims court. Solicitors rarely handle these as legal costs are not recoverable from the defendant.

The claim is close to the limitation date

You generally have three years from the date of injury or diagnosis to start a claim. Preparing evidence and arranging medicals takes time, so solicitors may refuse late claims, especially those within 6–12 months of expiry.

The claim is too risky

Solicitors must weigh up the financial risk. If the case does not meet After The Event (ATE) insurance requirements, they may reject it.

What is ATE Insurance?

ATE Insurance protects claimants from paying the defendant’s legal costs if they lose. If solicitors lose too many cases, they risk losing access to ATE policies. This is why they avoid weak or high-risk claims.

Are solicitors obliged to accept my claim?

No. Solicitors are not legally required to take on every case. A firm may reject your claim due to workload, lack of experience in a certain type of case, or commercial reasons.

Does a solicitor have to explain why they rejected my claim?

Yes. A solicitor should tell you why and advise you to seek a second opinion. The explanation may help you prepare a stronger application with another firm.

Other reasons claims may be rejected

Some firms are selective. For example, they may avoid claims against local authorities due to complexity or poor past results. Another solicitor with more experience in such cases may accept your claim.

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What should I do if a solicitor rejects my claim?

If your claim is turned down, you should:

  • Ask why the claim was rejected
  • Approach several other firms for a second opinion
  • Check what compensation you may be entitled to
  • Ask about the solicitor’s success fee and strategy if they accept your case

FAQs

Can I still pursue my case if one solicitor rejects it?

Yes. Many claims rejected by one solicitor are later taken on by another firm with different experience or risk appetite.

Is there a deadline for finding another solicitor?

Yes. You must still begin your case before the 3-year limitation date. The sooner you act, the better your chances.

What if my case is low value?

If your claim is under £1,500, you may need to use the small claims court. Some firms may still offer guidance, but most will not handle the case directly.

What if my case is complex?

Complex cases may require a specialist solicitor. If your claim involves medical negligence, industrial disease, or local authorities, seek a firm with relevant expertise.

Call now for free specialist advice

We'll put you straight through to an experienced work injury advisor:

  • Advice that's right for your case
  • Check if you can claim
  • No Win, No Fee explained clearly

If you decide to make a compensation claim, we'll connect you with the right solicitor.

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Work Accident Advice Centre (WAAC) a Claims Management Company regulated by the Financial Conduct Authority (Ref number: 835858). Registration is recorded on the FCA website https://register.fca.org.uk/. Calls are confidential and are handled by our partners at National Accident Helpline. Our privacy policy explains how we protect your data.

About the author

Chris Salmon is a legal commentator and co-founder of Quittance Legal Services. He has written extensively about workplace accidents, employment rights and the claims process. Chris's work has been cited in national media and he regularly contributes practical guidance to help injured workers understand their options.

More about Chris and WAAC

Last reviewed October 2025 by Chris Salmon