How to Handle Client Non-Compliance in Personal Injury Cases

Client non-compliance in personal injury cases — when clients won’t follow treatment plans, miss appointments repeatedly, or refuse to cooperate with case requirements — directly reduces settlement value and creates liability risk for your firm. Non-compliant clients aren’t necessarily bad clients; they’re often overwhelmed, scared, or confused about what’s required. This guide provides a framework for identifying non-compliance early, intervening effectively, documenting properly, and knowing when withdrawal is necessary.

What Is Client Non-Compliance in Personal Injury Law?

Client non-compliance refers to any pattern of behavior where a client fails to meet the basic requirements necessary to pursue their personal injury case effectively.

Common forms of non-compliance:

• Treatment non-compliance: Missing medical appointments, refusing prescribed treatment, stopping therapy early
• Communication non-compliance: Not responding to calls/emails, missing scheduled meetings, ignoring document requests
• Documentation non-compliance: Refusing to sign medical releases, not providing requested information, failing to complete intake forms
• Instruction non-compliance: Ignoring attorney advice (posting on social media, talking to insurance adjusters, continuing dangerous activities)
• Financial non-compliance: Not paying agreed-upon costs, refusing to cover medical liens at settlement

What non-compliance is NOT:

• A client asking questions or expressing concerns
• A client disagreeing with strategy (reasonable disagreements are healthy)
• A client experiencing one-time issues (transportation problem, forgot an appointment)
• A client going through temporary hardship (hospitalization, family emergency)

The key distinction: Non-compliance is a pattern of behavior that persists despite intervention, not isolated incidents.

Why Personal Injury Clients Don’t Follow Treatment Plans

Understanding why clients become non-compliant helps you intervene effectively before it becomes a pattern.

1. They Don’t Understand What’s Required

Many clients think:

• “I just need to heal, and the attorney handles the legal stuff.”
• “Going to every appointment is a recommendation, not a requirement.”
• “I can settle whenever I feel ready.”

They don’t realize:

• Treatment compliance directly affects settlement value
• Gaps in treatment give insurance massive leverage
• Following medical advice is part of building a strong case

Solution: Set clear expectations at intake about what compliance requires and why it matters.

2. They’re Overwhelmed by the Process

After an accident, clients are managing:

• Chronic pain and recovery
• Lost income and financial stress
• Multiple medical providers and appointments
• Insurance communications
• Family and work obligations
• Legal paperwork and deadlines

When people are overwhelmed, they shut down. They stop answering calls. They miss appointments. They avoid dealing with anything that feels hard.

Solution: Simplify the process. Break down requirements into small, manageable steps with clear deadlines.

3. They’re Dealing With Mental Health Issues

Serious accidents often trigger:

• Depression (from lifestyle disruption, chronic pain, financial stress)
• Anxiety (about the legal process, medical outcomes, money)
• PTSD (from the accident itself)
• Cognitive impairment (from brain injury or medication)

These conditions make it extremely difficult to follow through on treatment plans or case requirements.

Solution: Recognize mental health barriers and connect clients with appropriate resources. Consider whether the client needs additional support to participate in their case.

4. They Don’t Trust the Medical Provider

Sometimes non-compliance stems from:

• Client feels the PT isn’t helping
• Client thinks the doctor isn’t listening to their concerns
• Client believes they’re being over-treated for financial reasons
• Client had a bad experience with a provider

Solution: Take these concerns seriously. Help the client find a different provider if needed. Non-compliance rooted in provider distrust won’t resolve until the trust issue is addressed.

5. They Have Practical Barriers They’re Embarrassed to Mention

Common hidden barriers:

• No reliable transportation
• Can’t afford copays or treatment costs
• Work schedule conflicts with appointment times
• Childcare issues
• Language barriers with medical providers
• Literacy issues with paperwork

Clients often won’t volunteer these problems because they’re embarrassed or think you can’t help.

Solution: Ask directly about barriers. Create space for clients to tell you what’s really going on without judgment.

How to Identify Non-Compliance Early (Before It Damages the Case)

Red Flags in the First 30 Days

Watch for these warning signs immediately after intake:

• Client doesn’t schedule initial medical appointments within 1 week
• Client misses first medical appointment without calling
• Client doesn’t return calls for 3+ days despite multiple attempts
• Client hasn’t signed medical releases 2 weeks after intake
• Client mentions “I’ll go to the doctor when I feel worse”

Action: Intervene immediately with a supportive call explaining why early treatment matters.

Red Flags During Active Treatment

• Client misses 2+ medical appointments in a row
• Client stops responding to check-in calls/texts for 7+ days
• Medical providers report client is “non-compliant” or “difficult”
• Client cancels or no-shows scheduled firm meetings repeatedly
• Client mentions stopping treatment before provider discharge
• Client posts about the accident/injury on social media despite warnings

Action: Schedule an in-person or phone meeting with the attorney to address the pattern directly.

Red Flags Near Settlement

• Client refuses to sign settlement documents
• Client makes unrealistic settlement demands despite attorney advice
• Client won’t respond to settlement offer communications
• Client threatens to fire the firm if they don’t get a specific number
• Client suddenly disputes agreed-upon lien amounts

Action: Document all communications. Attorney may need to address directly or consider withdrawal if client becomes adversarial.

Step-by-Step Framework for Handling Non-Compliance

Stage 1: Early Intervention (First Instance)

When: Client misses one appointment, takes 3+ days to respond, or shows initial non-compliance signs.

Action:

1. Contact within 24-48 hours via call or text
2. Ask about barriers without judgment: “What made it hard to [complete task]?”
3. Solve the barrier immediately (transportation, scheduling, confusion about requirements)
4. Re-explain expectations clearly: “Here’s what we need you to do and why it matters.”
5. Document the incident and your intervention in case file

Goal: Catch the problem early before it becomes a pattern.

Stage 2: Formal Discussion (Pattern Emerging)

When: Client has missed 2-3 appointments, has been unresponsive for 7+ days, or shows repeated non-compliance despite initial intervention.

Action:

1. Attorney calls client directly (not paralegal/case manager)
2. Address the pattern explicitly:

“[Client Name], I need to talk with you about something important. Over the past few weeks, you’ve missed several PT appointments and haven’t been responding to our calls. I’m concerned because this is affecting your case value. Can you help me understand what’s going on?”

3. Listen for the real issue (financial, mental health, overwhelm, distrust)
4. Provide clear consequences:

“If you continue missing appointments, insurance is going to reduce your settlement by $10,000 to $30,000 or more. I want to help you avoid that, but I need you to work with me here.”

5. Create a written action plan with specific requirements and deadlines
6. Follow up within 48 hours to ensure compliance has resumed
7. Document everything including what was said and agreed upon

Goal: Make the client aware of the pattern, provide support to fix it, and establish clear expectations going forward.

Stage 3: Formal Warning Letter (Non-Compliance Continues)

When: Client continues non-compliant behavior despite direct attorney intervention, or client has been unresponsive for 14+ days.

Action:

1. Send a formal letter (certified mail + email) documenting:
   • The specific instances of non-compliance
   • Previous attempts to address the issue
   • The impact on case value
   • Clear requirements for moving forward
   • Consequences if non-compliance continues (including potential withdrawal)

Sample letter language:

“Dear [Client Name],

We have attempted to contact you multiple times over the past three weeks regarding your case. You have missed four physical therapy appointments and have not responded to our calls or emails since [date].

As we have explained, missing medical appointments creates gaps in your treatment timeline that insurance companies will use to reduce your settlement value. Based on your current treatment gaps, we anticipate your case value has already been reduced by approximately $15,000 to $25,000.

To continue representation, we need you to:1. Contact our office within 5 business days of receiving this letter2. Reschedule and attend all missed PT appointments within the next 2 weeks3. Respond to our communications within 48 hours going forward

If we do not hear from you by [date], or if non-compliance continues, we will need to discuss whether we can continue representing you in this matter.

We want to help you succeed in this case, but we need your cooperation to do so.”

2. Document that letter was sent and method of delivery
3. Set internal deadline for client response (typically 5-7 business days)

Goal: Create formal documentation trail and give client final opportunity to re-engage.

Stage 4: Withdrawal Consideration (Non-Compliance Persists)

When: Client doesn’t respond to formal warning letter, continues non-compliance after multiple interventions, or case value has deteriorated to the point where representation is no longer viable.

Action:

1. Attorney evaluates:
   • Is the case still salvageable?
   • Has the client’s non-compliance made the case unwinnable or not worth pursuing?
   • Would continuing representation expose the firm to malpractice risk?
   • Has the client-attorney relationship broken down irreparably?
2. Review your retainer agreement for withdrawal procedures
3. Check your state bar rules on attorney withdrawal requirements
4. If withdrawal is appropriate:
   • File motion to withdraw (if litigation has started)
   • Send formal withdrawal letter to client
   • Return case file and documents
   • Ensure all deadlines/statute of limitations issues are clearly communicated
   • Document everything

Important: You generally cannot withdraw simply because a case has become difficult. There must be good cause (client non-cooperation, breakdown of attorney-client relationship, etc.) and you must follow your jurisdiction’s ethical rules.

Scripts for Difficult Non-Compliance Conversations

Script 1: Client Won’t Follow Treatment Plan

Attorney says:

“[Client Name], I need to be direct with you. You’ve missed six PT appointments over the past month, and that’s creating a serious problem for your case. Insurance is going to look at your treatment records and say, ‘If she was really injured, she would’ve gone to every appointment.’ They’re going to use these gaps to cut your settlement by $20,000 or more.

I can’t force you to go to PT — that’s your choice. But I need you to understand: if you don’t complete your treatment plan, your case value drops significantly. And at a certain point, if the non-compliance continues, I have to consider whether I can continue representing you effectively.

Can you help me understand what’s making it so hard to get to PT? Is it transportation? Pain? Something else? Because if there’s a barrier, let’s solve it. But if you’ve just decided you’re not going to go, I need to know that now so we can figure out next steps.”

Script 2: Client Won’t Respond to Communications

Attorney says:

“[Client Name], we’ve been trying to reach you for two weeks. We’ve called, texted, and emailed multiple times with no response. I need to explain something important: when you don’t respond to us, we can’t move your case forward. We need information from you, we need signed documents, and we need to keep you updated on what’s happening.

I understand that things get overwhelming after an accident. But here’s the reality: if you don’t communicate with us, we can’t represent you effectively. And if we can’t represent you effectively, we may need to withdraw from your case.

I don’t want that to happen. But I need you to commit to responding to our communications within 48 hours. Can you do that? And if there’s something making it hard to stay in touch — if you’re dealing with depression, if you lost your phone, whatever it is — tell me so we can figure out a solution.”

Script 3: Client Refuses Attorney Advice

Attorney says:

“[Client Name], I need to be very clear about something. Part of my job is giving you legal advice based on my experience handling hundreds of these cases. You don’t have to follow my advice — it’s your case, and you make the final decisions. But when I tell you not to post about your injury on social media, or not to talk to the insurance adjuster directly, I’m telling you that because those things will hurt your case.

If you choose not to follow that advice, I need you to understand the consequences. Posts on social media get used as evidence to dispute your injuries. Statements to insurance without me present can destroy your case. I can’t protect you from those consequences if you ignore my advice.

So here’s what I’m asking: Can you commit to following my guidance on [specific issue]? If you’re not willing to do that, we need to have a different conversation about whether I’m the right attorney for you.”

Script 4: Client Has Unrealistic Settlement Expectations

Attorney says:

“[Client Name], I understand you believe your case is worth $500,000. And I hear that you’re frustrated by the insurance company’s offer of $75,000. But I need to give you my honest professional opinion: based on your injuries, your treatment records, and the gaps in your treatment timeline, a jury would likely award between $60,000 and $90,000.

I’m not saying that’s fair. I’m saying that’s the reality of how these cases are valued. The gaps in your PT attendance — that’s a $20,000 problem right there. The fact that you only went to the ER once and didn’t see a doctor for three weeks after — that’s another problem.

I want to fight for every dollar you deserve. But I also have a professional obligation to give you realistic expectations. The insurance company’s offer of $75,000 is within the reasonable range for this case. If you want to reject it and take the case to trial, that’s your choice. But you need to know: we might not do better at trial, and it’ll cost you another 12-18 months and trial expenses.

What do you want to do?”

How to Document Non-Compliance (Protect Your Firm)

Proper documentation protects your firm from malpractice claims and provides evidence if you need to withdraw.

What to Document:

Every instance of non-compliance:

• Date and time
• Specific behavior (missed appointment, didn’t respond, refused advice)
• What you did to address it (called, texted, sent letter)
• Client’s response (or lack thereof)

Every conversation about non-compliance:

• Date of conversation
• Who spoke with client (attorney, paralegal)
• What was said (summarize key points)
• Client’s explanation or excuse
• What was agreed upon going forward

All formal communications:

• Copies of warning letters
• Email chains showing attempted contact
• Text message screenshots
• Certified mail receipts

Impact on case:

• How non-compliance has affected case value
• Medical provider communications about missed appointments
• Any statements from insurance about treatment gaps

How to Document (CRM Best Practices):

Create a “Non-Compliance” tag or status in your case management system

Use timestamped case notes for every interaction:

“3/15/24 10:30am – Called client to discuss missed PT appointments on 3/8, 3/10, and 3/13. Client stated he ‘forgot’ and ‘has been busy with work.’ Explained that three missed appointments in one week creates a treatment gap that will reduce settlement value by est. $10-15K. Client agreed to reschedule all three appointments for next week. Confirmed he has transportation. Will follow up 3/18 to verify attendance. -JD”

Escalate in writing when patterns emerge:

• First warning: Email to client summarizing conversation
• Second warning: Formal letter (email + certified mail)
• Third warning: Withdrawal consideration letter

Track cumulative impact:

Maintain a running log of:

• Total missed appointments
• Total days of communication silence
• Estimated case value impact
• All intervention attempts

When to Consider Withdrawing From a Non-Compliant Client’s Case

Withdrawal should be a last resort, but sometimes it’s necessary to protect your firm.

Valid Reasons for Withdrawal (Check Your State Bar Rules):

1. Client won’t cooperate despite repeated intervention

• Won’t attend medical appointments
• Won’t respond to communications for extended periods
• Refuses to provide necessary documentation

2. Client-attorney relationship has broken down

• Client has lost trust in the firm
• Client is verbally abusive to staff
• Client makes unrealistic demands and won’t accept advice

3. Continued representation would violate ethical rules

• Client insists on lying or fabricating evidence
• Client wants you to pursue a frivolous claim
• Client demands you do something unethical

4. Non-compliance has made the case unwinnable

• Treatment gaps are so extensive case value has dropped to near-zero
• Client’s social media posts have destroyed credibility
• Client gave recorded statement to insurance that tanked the case

5. Client won’t pay agreed-upon costs

• Refuses to cover medical liens at settlement
• Won’t pay for necessary case expenses despite agreement

When You CANNOT Withdraw (Generally):

• Simply because the case has become difficult or less valuable
• Because you realized the case is worth less than you initially thought
• Close to a trial date or important deadline (without court permission)
• In a way that prejudices the client (must give reasonable notice)

Withdrawal Process:

1. Review retainer agreement and state bar rules
2. Send formal withdrawal letter explaining:
   • Reason for withdrawal
   • Upcoming deadlines client must be aware of
   • How/when case file will be returned
   • Client’s responsibility to find new counsel
3. File motion to withdraw (if litigation has started)
4. Return case file and client property
5. Send final accounting if applicable
6. Document everything

Critical: Consult your malpractice carrier before withdrawing from any case to ensure you’re following proper procedures.

How to Prevent Non-Compliance Across Your Caseload

1. Set Clear Expectations at Intake

What clients need to know from day one:

“To get the best outcome in your case, here’s what I need from you:

• Go to every medical appointment your doctor schedules. Don’t skip PT.
• Respond to our calls and emails within 24-48 hours
• Sign documents when we ask you to
• Don’t post about your case on social media
• Don’t talk to the insurance company without me

If any of those things become difficult — if you don’t have transportation, if you’re overwhelmed, if you can’t afford something — tell me immediately so we can help. But if you don’t follow through on these things, it will hurt your case value, and at a certain point I may not be able to represent you.”

2. Provide Written Client Responsibilities

Give every client a written document (email or handout) titled “Your Responsibilities During Your Personal Injury Case” that outlines:

• Treatment compliance expectations
• Communication expectations
• Documentation requirements
• What to avoid (social media, insurance communications)

3. Check In Proactively (Don’t Wait for Problems)

Regular touchpoint schedule:

• Week 1 after intake: “How’s it going? Any questions?”
• Before every medical appointment: “Confirming you’re all set for tomorrow”
• After every medical appointment: “How’d it go?”
• Every 2-3 weeks: “Just checking in — how are you feeling?”

Why this works: When clients expect regular communication, they’re less likely to disappear. And you catch problems early.

4. Make It Easy to Comply

Reduce friction:

• Text appointment reminders (easier than expecting them to remember)
• Email documents for e-signature (easier than mailing)
• Offer multiple communication channels (call, text, email)
• Provide templates or examples when asking for information

The easier you make compliance, the more likely clients will follow through.

5. Identify High-Risk Clients Early

Some clients are more likely to become non-compliant:

• Prior legal representation issues
• Substance abuse or mental health struggles
• Unstable housing or employment
• History of no-shows at intake or initial appointments

For high-risk clients:

• Increase check-in frequency
• Simplify communication (shorter, clearer messages)
• Connect with social services if needed
• Consider whether case is viable given client’s circumstances

How FileFlow Reduces Non-Compliance Automatically

FileFlow’s AI case assistant, Samantha, prevents non-compliance by:

• Providing consistent check-ins throughout the case lifecycle
• Catching early warning signs (delayed responses, missed appointments) and alerting your team
• Following up immediately when clients miss appointments or go silent
• Asking about barriers proactively so problems get solved before they become patterns
• Documenting every interaction automatically in your CRM
• Reducing staff burden so your team can focus on high-touch intervention when needed

The result:

Non-compliance drops dramatically because clients feel supported, barriers get solved early, and your team knows about problems within 24-48 hours instead of discovering them weeks later when case damage has already occurred.

Common Questions About Client Non-Compliance in PI Cases

What is client non-compliance in personal injury cases?

Client non-compliance in PI cases refers to a pattern of behavior where clients don’t follow treatment plans, miss appointments repeatedly, won’t respond to communications, refuse attorney advice, or fail to provide necessary documentation. It’s distinguished from one-time issues by being persistent despite intervention. Non-compliance directly reduces case value and can make cases unwinnable.

How do I handle a personal injury client who won’t follow their treatment plan?

Handle treatment non-compliance with escalating intervention: (1) First instance: Call within 24 hours, ask about barriers, solve the problem, re-explain expectations. (2) Pattern emerging: Attorney calls directly, addresses pattern explicitly, creates written action plan. (3) Continues: Send formal warning letter documenting non-compliance and consequences. (4) Persists: Consider withdrawal if case has become unwinnable.

When can I withdraw from a non-compliant personal injury client’s case?

You can generally withdraw when: client won’t cooperate despite repeated intervention, the attorney-client relationship has irreparably broken down, continued representation would violate ethical rules, or non-compliance has made the case unwinnable. You must follow your retainer agreement and state bar rules, provide proper notice, and cannot withdraw in a way that prejudices the client (like right before trial without court permission).

How do I document client non-compliance?

Document every instance: date, time, specific behavior, what you did to address it, and client response. Document all conversations summarizing key points and agreements. Keep copies of all formal communications (warning letters, emails, texts). Track cumulative impact including missed appointments, communication gaps, and estimated case value reduction. Use timestamped CRM notes for everything.

What should I say to a client who keeps missing medical appointments?

Address it directly: “You’ve missed [X] appointments over [timeframe], and this is creating a serious problem. Insurance will use these gaps to reduce your settlement by $15,000-$30,000+. I need to understand what’s making it hard to get to appointments so we can solve it. But if you’re choosing not to go, I need to know that now because it affects whether I can continue representing you effectively.”

How can I prevent client non-compliance in personal injury cases?

Prevent non-compliance by: setting clear expectations at intake about treatment and communication requirements, providing written client responsibilities documentation, checking in proactively (before/after appointments, every 2-3 weeks), making compliance easy (text reminders, e-signature, multiple communication channels), and identifying high-risk clients early to increase support.

What are signs a PI client is becoming non-compliant?

Early warning signs: client takes progressively longer to return calls, misses first appointment without calling, doesn’t complete intake paperwork within 2 weeks, mentions “I’ll go when I feel worse.” Active non-compliance: misses 2+ appointments in a row, unresponsive for 7+ days, medical providers report client is difficult, cancels firm meetings repeatedly, mentions stopping treatment early.

Should I send a warning letter to a non-compliant client?

Yes, send a formal warning letter (certified mail + email) after direct attorney intervention hasn’t resolved the pattern. The letter should document specific instances of non-compliance, previous intervention attempts, impact on case value, clear requirements going forward, and consequences if non-compliance continues. This creates necessary documentation if you later need to withdraw.

Can I fire a personal injury client for non-compliance?

You can withdraw (not “fire”) from representation when non-compliance makes effective representation impossible or has rendered the case unwinnable, but you must follow ethical rules. You cannot withdraw simply because a case became difficult or less valuable. Proper withdrawal requires: valid reason per state bar rules, reasonable notice to client, court permission if litigation started, return of case file, and notice of important deadlines.

The Bottom Line on Client Non-Compliance

Client non-compliance destroys personal injury case value and creates liability risk for your firm. But most non-compliant clients aren’t malicious — they’re overwhelmed, scared, or confused about what’s required.

The key to handling non-compliance is early intervention, clear communication about consequences, genuine support in solving barriers, and proper documentation throughout.

Firms that minimize non-compliance are the ones that:

• Set clear expectations from day one
• Check in proactively instead of waiting for problems
• Catch warning signs early and intervene immediately
• Make compliance as easy as possible
• Know when to escalate and when to walk away

By the time a client has become severely non-compliant, the case damage is often already done. The solution is prevention, not punishment.

Want to see how FileFlow reduces client non-compliance automatically?
Book a 10-minute demo: [Link to demo]

Read next:
→ Why Personal Injury Clients Miss Medical Appointments (And How to Prevent Treatment Gaps)
→ How Insurance Adjusters Use Treatment Gaps to Reduce PI Settlements
→ Why Personal Injury Clients Ghost Their Attorneys (And How to Get Them Back)
→ Client Stopped Going to Physical Therapy? Here’s What to Do