Personal injury cases are a unique form of civil litigation. If you get injured because of someone else’s negligence and suffer legal damages, you can file a claim against them to recover compensation for those losses. You must provide enough evidence to prove that they are more likely than not responsible for the incident that caused your injuries.
The most effective strategy for maximizing your chance of winning and pursuing a larger settlement is to hire a personal injury lawyer.
However, if you become dissatisfied with the work that your lawyer is doing on your personal injury claim, it may become necessary to hire a new attorney. Let’s discuss your right to choose legal representation and how the process can play out.
Your Right to Choose Legal Representation
While you have the right to choose any law firm for your civil lawsuit, navigating personal injury settlement without legal representation can be challenging. A skilled attorney understands your rights and how to pursue fair compensation. Here are important things to know about working with a personal injury lawyer.
The Attorney-Client Relationship
The attorney-client relationship is based on an agreement between the client and their personal injury lawyer. This agreement outlines the lawyer’s commitment to represent the client’s interests and pursue legal action. It is a voluntary agreement between both parties, and clients always have the right to choose their legal counsel.
The Right to Discharge Your Attorney
If you become dissatisfied with your attorney’s methods or efforts, you can terminate their services at any time, even before a settlement is reached. However, it is in your best interest to consider the costs and complications of switching attorneys during the legal process.
Reasons for Changing Lawyers
People decide to switch lawyers in the middle of personal injury claims for many reasons. While legally allowed to do so, some complexities could make your claim more challenging. Hiring a new lawyer could benefit you in the long run if you have a good enough reason. Here are some reasons you may want a new lawyer before settling.
Lack of Communication or Responsiveness
Communication is crucial during a personal injury case. You need a lawyer who will answer your questions, respond to all communications, and update you frequently about the status of your claim. If your attorney ignores your calls or emails or leaves you in the dark about your case, this could be a justifiable reason to leave your current representation.
When you search for a new lawyer, use client reviews to analyze their communication skills before leaving your current lawyer.
Lack of Trust or Confidence
You should feel confident with your choice from the very beginning when you hire legal counsel. It may be time to change attorneys if you feel uncomfortable with them or lack trust in their abilities.
Often, claimants have yet to learn what it will be like to work with specific lawyers, so they only lose confidence after their cases have been in progress. Nevertheless, if you lose trust or confidence in one attorney, this is a valid reason to leave your agreement and hire a second attorney.
Disagreement on Personal Injury Case Strategy
Relationships with personal injury lawyers can deteriorate quickly if disagreements exist regarding the current attorney’s strategy. Perhaps you are unhappy with the lawyer’s negotiation tactics with the insurance company. Maybe you feel they are not exhausting all options to investigate the accident that caused your injuries.
In either case, you may want a new lawyer who will pursue a better strategy working on your case to increase your chances of a fair settlement.
Personality Conflicts
While there are many valid reasons why your lawyer may be doing a poor job on your case, your disagreements could come down to personality differences. You may lack rapport with your current attorney and think it hinders their ability to represent your best interests.
Personality conflicts may seem like a strange reason to switch attorneys, but since you have the right to choose legal counsel at any time, it is perfectly legal.
Factors to Consider Before Changing a Law Firm
Switching lawyers may make sense for numerous reasons, such as personality conflicts, poor communication, or a simple lack of trust. However, the decision to switch lawyers should not be made lightly. You must first consider the impact of hiring a new lawyer and how it will affect your case.
The Stage of Your Case
Terminating services from your previous attorney shortly before the settlement will likely delay the resolution. As a result, you may have to wait longer to receive compensation to cover your losses.
Firing your lawyer could also affect the outcome of your personal injury case if your new attorney is not up to the standard of the prior attorney. Consider the status of your case and how the outcome could change if you switch law firms.
Potential Costs and Fees
If you decide to change lawyers, there will be financial implications. First, you will owe any outstanding fees to the previous lawyer for services rendered. Whether that payment is based on an hourly rate or contingency fee basis will affect how that payment is made.
For example, if they did substantial work on the case with a contingency fee agreement, they would receive a portion of the settlement. There will also be different fees for the new law firm you hire. Make sure you understand the fee division when you change lawyers.
The Process of Changing Lawyers
Switching law firms is not supposed to be complicated since you have the legal right to hire whomever you want. However, you should understand the steps of this process to ensure it goes smoothly and has a negligible impact on your injury case.
Communicating with Your Current Lawyer
Once you have selected new legal representation, you must communicate with the initial lawyer to inform them of your intent to terminate services. Otherwise, they may continue working on the case and require more compensation.
This step must typically be done in writing. If you do not want to handle this stage yourself, your new attorney can create the termination letter and give it to your current attorney.
As a rule, you should only fire your first lawyer after securing the services of the next one. Having representation in place will make the transition easier and remove potential delays in your settlement.
Transferring Your Personal Injury Claim File
Your first lawyer is legally required to foster a smooth transition for the next lawyer. That means sending your entire case file to them promptly.
You can formally request the entire case file and all correspondence be sent directly to you or the new attorney. You can then provide the file to the new representative now that you have switched attorneys. This step is crucial to ensure a smooth transition for your claim.
Addressing Outstanding Fees
The first attorney has a right to place a lien on your settlement to claim fees for their previous work. If they worked for an hourly rate, this payment must be made promptly. In some cases, the lawyer may owe you reimbursements if you paid them upfront.
All fee disputes and liens must be resolved to avoid legal complications from the previous lawyer. The costs of firing your current lawyer and hiring a new one should be considered before you switch attorneys.
Reach Out to Reliable Personal Injury Lawyers!
While you can hire and fire personal injury attorneys whenever you wish during your claim, it is better to avoid this complication altogether. It starts with hiring the right firm from the outset. The team at Rosenfeld Injury Lawyers has vast experience in personal injury law.
We handle many cases, including vehicle accidents, medical malpractice, defective products, and workers’ compensation. If you are dissatisfied with your current lawyer on an injury claim, our team is ready to step in and represent your best interests.
Whether you are frustrated with their lack of communication or don’t trust in their abilities, don’t stick with an attorney who cannot meet your needs, decreasing your chances of fair compensation.
Call our office today at 888-424-5757 or complete the contact form to book a free consultation with a Chicago personal injury attorney.