A firm rejected your case. Now what?

A rejection feels like a verdict. It isn't one. It is one firm deciding not to take your case, run through that firm's screening on that day. Nothing about the claim itself has been decided.

What a rejection does not pause is the deadline. Work the steps below in order, starting with that.

1. Confirm the filing deadline

Do this first, before you contact another firm. Most California injury claims must be filed within two years (Code Civ. Proc., § 335.1). If a government entity is involved, you generally must present a written claim within six months (Gov. Code, § 911.2), and after it is rejected you have six months to sue (Gov. Code, § 945.6). A lawyer can confirm which date applies to you in a short call.

Sources: Code Civ. Proc., § 335.1; Gov. Code, § 911.2; Gov. Code, § 945.6.

More: statute of limitations.

2. Ask the firm why

Call back and ask which factor stopped it. You are looking for one of two answers. If it is something fixable or specific to that firm — case volume, a practice area they don't cover — the next firm may see it differently. If it is the deadline, the available coverage, or a fault dispute, expect to hear the same thing again and plan around it.

The full list: why personal injury firms turn down cases.

3. Collect your records

Gather what you will hand the next firm: the police or incident report, the names and insurers of everyone involved, your medical records and bills so far, photos, and your own written account of what happened. If the firm that declined pulled any records, ask for copies.

4. Decide the next move

Common questions

Does a rejection mean my claim is over?
No. A rejection is one firm declining to represent you. It does not resolve the claim, and it does not stop you from bringing it yourself or with another firm. The filing deadline still applies.
How many firms should I ask?
There is no set number. Firms use different thresholds and take different case types, so more than one no is common and does not settle the question. Keep the filing deadline in view while you ask.
Should I ask why I was rejected?
Yes. Ask directly. Some firms will tell you it was the deadline, the available coverage, a fault dispute, or simply case volume. The answer tells you whether the next firm is likely to say the same thing.
Can I get the file the firm built while it looked at my case?
If the firm gathered records or a police report during screening, ask for copies. A firm that only had a phone call may have nothing to send.

Start a case review call

On a case review call, I go through the facts with you: what happened, when, whether you were hurt, whether anyone represents you, and how to reach you. It is not legal advice, and I will not put a value on your claim.

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