Written by: Garbis Kolokossian I declined a potential case last week. The prospective client was injured, someone else was clearly at fault, and the story was genuinely compelling. But after careful assessment, I explained that we couldn’t take the case on.
The client was understandably disappointed and asked a fair question: “If I’m injured and it’s someone else’s fault, why won’t you help me?“
It’s a question that deserves a transparent answer. Not just for that individual client, but for everyone trying to understand how personal injury lawyers make case selection decisions.
The foundation: Building trust through honesty
Personal injury law operates on a fundamentally different business model than most legal practice areas. We work on a speculative basis and often in a No Win No Fee capacity. This means we commit significant time and resources to your case without any guarantee of recovery.
This creates a relationship that must be built on honesty and trust from the very first conversation.
When I assess a potential case, I’m not evaluating whether I think I can be successful or whether the case will be profitable. I’m looking at three key things:
- Whether there is a legal basis for the claim
- What the prospects of success are, based on the evidence available
- Whether pursuing the claim is likely to deliver a meaningful benefit for the client.
That assessment involves looking at the evidence, the likely value of the claim, the costs and risks involved, and whether pursuing the claim is genuinely in the client’s interests.
Importantly, you don’t need to have every document or all the evidence before you speak with us. Many cases don’t look straightforward at the outset, and important evidence may only become available once we have properly assessed the circumstances. Where there appears to be merit in a potential claim, we want to speak with you as early as possible and work out what evidence and further information may be needed.
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Why we might decline your case
Let me be transparent about the main reasons we sometimes can’t take on cases, even when the injury is real and someone else was at fault.
1. The claim may not be proportionate to the likely outcome
This is one of the hardest realities to discuss, but it’s also important for you to understand.
Not every legitimate injury caused by someone else’s clear negligence translates into a viable compensation claim. This isn’t because the injury isn’t real or because what happened doesn’t matter. Sometimes the likely compensation is relatively small compared with the time, cost, and risk involved in pursuing the claim.
Our job isn’t simply to ask whether you have a claim. We also need to consider whether pursuing it is likely to leave you in a better position. That means looking honestly at the potential compensation, the costs involved, and whether pursuing the claim is likely to be worthwhile for you.
GMP Law’s unique fee reduction
We understand that legal fees are an important part of deciding whether pursuing a claim makes sense. That’s why we’ve backed our service with a written cost reduction promise.
If our service fails to meet the high standards we set, we’ll reduce our fees. We are the only Australian firm that backs our service with a written cost reduction promise, giving you greater confidence in the service you receive.
But even with confidence in the service you’re receiving, there may be a point below which pursuing formal legal proceedings doesn’t make practical sense for you. Sometimes, the likely compensation is simply too small compared with the time, cost and risk involved.
Sometimes the honest advice is: “This may not be a claim where pursuing formal legal proceedings is likely to leave you meaningfully better off.”
I know this can feel disappointing. Your injury was real. The other party was at fault. But our responsibility is to give you honest advice about what is most likely to benefit you, rather than take on a case simply because we can.
2. The liability isn’t as clear as it initially seems
Clients often tell me the other party was obviously at fault, but when we dig into the details, liability becomes much more ambiguous in the eyes of the law.
What unclear liability looks like:
A patient suffers harm while receiving medical treatment, which may appear to be a straightforward case of medical negligence. But on closer examination, the situation becomes less clear. The key questions may be whether the treatment fell below the appropriate standard of care and whether that caused additional injury or loss. Answering those questions can require a detailed review of the medical records and, in many cases, expert medical evidence. Is the healthcare provider liable? Maybe. But “maybe” can lead to lengthy, costly litigation with no guaranteed outcome. | |
You’re certain the hazard was obvious, and the property owner should have known about it. But investigation reveals the hazard developed shortly before your fall, there’s no evidence of similar previous incidents, and the property owner had reasonable inspection procedures in place. |
Our liability assessment is always based on information available at the consultation. But that doesn’t mean you need to investigate the case yourself or gather all the evidence before contacting us. We want people to come to us as early as possible so we can assess the circumstances and work out what evidence may need to be obtained.
Many very good claims do not look straightforward at the first telephone call. Medical records, expert evidence, employment records, photographs, witness statements and further investigation can materially change the assessment of a claim.
You shouldn’t assume that your case is too difficult, or that you don’t have enough documents, before speaking with us.
Sometimes we’ll explain: “Based on what we know now, there are some issues we need to investigate further. Let’s work out what evidence is needed and then reassess the position.”
This is part of the assessment process. It isn’t about expecting you to do the lawyer’s job before we will consider your case.
3. Taking the case wouldn't actually help you
There’s another category of cases we decline that has nothing to do with money or liability: cases where we believe pursuing legal action wouldn’t genuinely improve your situation. Or might actually make it worse.
This isn’t just a theoretical concern. A 2026 Australian study looked at 533 injured workers who had made workers’ compensation claims. More than 500 of the participants—503 out of 533—reported that the claims process had negatively affected their mental health. Of those who reported negative mental-health impacts, 279 also described negative experiences throughout the claims process.
The study found that negative interactions with insurers and delays in having claims approved were significantly associated with negative experiences during the process. The researchers concluded that aspects of the compensation system can contribute to stress and may increase the risk of secondary psychological injury.
While the study focused specifically on workers’ compensation, it illustrates a broader issue that can apply to personal injury claims generally: pursuing compensation can itself place additional emotional and psychological pressure on someone who is already trying to recover.
Pursuing compensation can involve:
- Reliving traumatic events repeatedly
- Being questioned about your injuries and limitations
- Having your credibility challenged
- Waiting months or years for resolution
- Living with ongoing uncertainty.
But this doesn’t mean that pursuing a claim should be viewed as something a client has to manage alone. One of our roles is to deal with the insurer, manage the evidence, and guide the client through the process. Good legal representation can reduce much of the administrative and practical burden involved, allowing the client to focus on their recovery.
For some people with particular vulnerabilities—severe psychological trauma, fragile recovery, complex life circumstances—the litigation process could be more harmful than any settlement is beneficial.
In those situations, we might recommend:
- Carefully considering whether pursuing the claim is in the client’s best interests
- Seeking support from advocacy services rather than lawyers where appropriate
- Focusing on recovery while we help assess the available options.
The point isn’t that people should avoid making a claim because the process can be stressful. It’s that the potential impact of the process should form part of the assessment, and that proper legal support can help reduce that burden.
This recommendation might cost us a case, but it serves your actual interests. And that’s what matters most.
Key takeaway
A legitimate claim isn’t always worth pursuing if the process could cause further harm. But that doesn’t mean you should decide for yourself that making a claim will be too stressful. Proper legal support can help manage the insurer, evidence, and legal process while you focus on your recovery.
Understanding No Win No Fee
No Win No Fee can sound simple, but there is more to understand about what it means in practice.
When we take on a personal injury case, we’re committing substantial resources:
- Hundreds of hours of lawyer and paralegal time
- Expert witness fees (medical experts, accident reconstructionists, economists)
- Court filing fees and administrative costs
- Medical record retrieval and document preparation
- Investigation costs
- Potential exposure to the other side’s costs, depending on the jurisdiction, the type of claim, and the circumstances of the matter.
For a moderate to complex case, we might invest $50,000 to $100,000 or more before any settlement or verdict. This is money our firm advances while your case is being pursued, with no guarantee that it will ultimately be recovered.
Our focus is on managing the costs of pursuing a claim carefully and efficiently, while working to maximise the net amount our clients ultimately receive.
That’s one reason we carefully assess every case before agreeing to act. We need to be confident that we can properly represent you and that pursuing the claim is likely to provide meaningful value.
When we do say yes
When we accept your case, here’s what we’re committing to:
- We believe we can achieve a meaningfully beneficial outcome that justifies the time, stress, and expense of pursuing compensation.
- We’re confident in our ability to prove liability based on available evidence or evidence that can reasonably be obtained through further investigation.
- We’re prepared to invest substantial resources because we believe your case merits it and you deserve that investment.
- We’re taking it for the right reasons. Not just to add another file to our caseload, but because we can genuinely help you.
Key takeaway
Saying yes means we believe we can provide the level of representation your case deserves and that pursuing the claim is in your interests.
What this means for you
If we decline your case, please understand:
- Your injury was real. We’re not questioning whether you were hurt or whether it affected your life.
- The other party may well have been at fault. We’re not disputing that someone else’s negligence caused your injury.
- You deserve better than what happened. We’re not suggesting you should just accept it or move on emotionally.
What we’re saying is that based on the information available to us, we don’t believe we can take on your case in a way that genuinely serves your best interests.
That honest assessment, even when disappointing, is the foundation of ethical practice and the beginning of trust.
And there is an equally important point: you shouldn’t make that assessment for yourself before speaking with a personal injury lawyer. A case that looks difficult or uncertain at the outset may look very different once the relevant evidence has been obtained and properly assessed.
Don't assume an early insurer offer is the right outcome
Another reason early legal advice matters is that an insurer’s first offer may not reflect the proper value of a claim.
In many cases, the full extent of an injury, its impact on work and income, future treatment needs and other losses may not be known early in the process. An offer made before those issues are properly understood can therefore be difficult to assess.
In many cases, the full extent of an injury, its impact on work and income, future treatment needs and other losses may not be known early in the process. An offer made before those issues are properly understood can therefore be difficult to assess.
Getting advice early can help you understand your options before making that decision.
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What you can do
If you’re considering a personal injury claim, consider speaking with us as early as possible. You don’t need to have every document or know whether you have a viable claim before contacting us.
Consider:
- Seeking an early assessment. We can discuss your circumstances, explain the issues we see, and work out what further information or evidence may be needed.
- Not self-rejecting. A claim that seems complicated or uncertain at first may become much clearer once medical records, expert evidence, employment records or other information are obtained.
- Getting advice before accepting an insurer’s offer. An early offer may not reflect the proper value of a claim, particularly before the full extent of your injury, future loss and treatment needs are understood.
- Providing further evidence as it becomes available. If new information changes the position, it may materially affect the assessment of your claim.
- Focusing on your recovery. Good legal representation should help manage the legal and insurance process so you can focus on getting better.
These principles apply across our service areas, including personal injury, motor vehicle accidents, public liability, work injury, medical negligence, institutional abuse and other areas of compensation law.
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Building trust through transparency
Some law firms operate on a volume model. Sign as many cases as possible, settle them quickly for whatever offer comes, move on to the next case. That approach can be profitable, but it doesn’t serve clients well.
We’ve built GMP Law on a different model: careful case selection, significant investment in strong cases, and outcomes that genuinely improve our clients’ lives.
This means we turn away cases that other firms might accept. We have honest conversations about prospects and alternatives. We invest deeply in the cases we do take.
Good case selection isn’t just about saying “no.” It’s about saying “yes” to the right cases for the right reasons, and having the integrity to decline when we can’t provide excellent service and meaningful outcomes.
It also means making sure we assess cases properly before making that decision. We don’t expect prospective clients to work everything out themselves or wait until they have every document before speaking with us.
That honest assessment is how we build trust. Not just with individual clients, but with everyone who comes to us seeking help.
At GMP Law, we’d rather have honest conversations about fewer cases and deliver exceptional outcomes for the clients we do represent, than take on every case and provide mediocre service across the board.
You deserve a lawyer who’s honest about your prospects, invested in your outcome, and committed to your best interests. You also deserve the opportunity to have your circumstances properly assessed before deciding whether you have a case worth pursuing.
Come and talk to us early. We can assess your circumstances, explain your options and work out what needs to happen next.
That’s what quality representation looks like.
The information in this article is general in nature and should not be relied upon as legal advice. Every case is assessed on its individual circumstances. If you believe you have a personal injury claim, seek specific legal advice to understand your options.
