Can I Switch Personal Injury Lawyers? Hiring a lawyer after an accident means entrusting your life and your trust to that individual, thus the lawyer you choose must have your utmost confidence and trust. You should think about finding a new attorney right away if you discover that you are unhappy for any reason with the one you already have, the one you hired just after the accident.
Do you wish to change your attorney? Follow the following guidelines to get assistance.
Can I Switch Personal Injury Lawyers: Why do People find Dissatisfaction in their Lawyers?
Most frequently, people lament that the attorney they engaged is unreachable and uncommunicative. They might converse solely with a paralegal, a secretary, or a receptionist. If they’re lucky, they might get through to a junior associate, who usually ends up being just a message taker who has to check with someone else before promising to get back to you with the details you require.[1]
Throughout our more than 45 years as personal injury lawyers with a focus on personal injury cases, numerous prospective clients have asked us the same questions that we seek to answer.
Something went wrong for them. They suffered wounds. They obtained legal counsel. They are now quite dissatisfied with that attorney.
They are always shocked when we tell them that they are free to switch solicitors whenever they choose and without incurring any fines or extra expenses. We have discovered that people can have a variety of reasons for not being satisfied with the initial attorney they hired, which was nearly usually right after their accident and when they were still healing from their injuries.[2]
Handling Difficult Personal Injury Lawyers
There are good lawyers who would genuinely be interested in helping you understand every step or activity that happens in your personal injury claim. However, certain lawyers are difficult and may frustrate you or refuse to update you no matter how many times you phone the office and leave messages. With these types of lawyers, you never get in touch with them. Sometimes you phone and call, but nobody picks up to address your issues or queries.
Should you Continue Working with a Difficult Lawyer?
You should not continue working with a difficult lawyer if you discover that you are not receiving updates on the progress and status of your case. You should look for a personal injury attorney who is genuinely interested in regularly updating you and advising you through every step of the claims process.
What is the Best Way Forward After Working with a Problematic Personal Injury Lawyer?
Money frequently becomes a very serious concern whenever you are injured and unable to work, but no one talks to you about when the case will end, whether it will settle, or how much it will be worth.
These are not problems or issues you should be adding to your already difficult life, which is suffering and attempting to recover from your injuries after an accident and after you have engaged a legal professional to defend you in your personal injury case.[3]
The Questions that You Should Seek to Answer After you Have Hired a Problematic Personal injury lawyers
While your attorney should always put your interests first above anything else, some of them may not really care about what happens to you or to your case. If you find yourself in such a situation, some of the concerns that you need to ask yourself are as follows:
How did I Find the Attorney I Ended up Hiring—and Why am I Feeling so Bad about Him Now—Ehen I was Injured and Searching for one?
Before selecting this attorney, did you examine a number of them to determine which one would be ideal for your case? Most likely not. After an accident, most people, in my experience, choose to work with the first attorney who meets and speaks with them.
How did You Come to Choose and Employ this Specific Attorney? Did you Already Know this Attorney? Most Likely not.
Frequently, a friend or acquaintance of yours recommended the attorney. Usually, that someone is someone you know from your neighborhood, your family, or someone you saw online or in an advertisement.
Presume a friend, neighbor, or member of your family recommended the attorney. Consider this: How did this person find out if this attorney was a reputable personal injury attorney? Credible or not? Will it be successful or not? People who refer attorneys typically do so just because they know the attorney from their previous case. But more significantly, how are you being handled by this attorney about your case, and how successful and experienced is this attorney in situations like yours?
Perhaps you found this attorney through an advertisement, you should consider the following: aside from the fact that they run attractive ads, what information about this attorney and the firm did you learn? You might be wondering the same things if you looked up this attorney online: What factors led you to choose this attorney or law firm?[4]
After You Were hurt, You Looked for a Lawyer Online, but How much Research did you do Before Choosing this particular Attorney or Law Firm?
There are stories of solicitors setting up shop inside chiropractors’ and physicians’ offices, attempting to court injured patients who come in for care.
We’ve also heard of people getting connected to their current attorney by their ambulance driver while traveling to the emergency room, by a doctor or nurse working there, or by a stranger calling you at home and saying they understand you need assistance following their accident and can help connect you with physicians and attorneys. I have even heard and observed instances of solicitors simply showing up in your hospital room without asking to speak with you or your family and offering to represent you.
When Your Current Attorney isn’t Meeting Your Needs and You Find Yourself at the Center of Your Case, What Should You do?
The good news is that you are not penalized or charged more for switching solicitors at any point or for any reason. People are always scared to switch lawyers because they wonder if they will have to pay a fee to both of you and their previous attorney. No, that is not the answer! Typically, personal injury attorneys charge a third of your total compensation; that is all you will ever have to spend.
Your new attorney and your previous attorney will divide a third of the total legal charge between them. The Court will divide the solicitors’ fees according to the amount of work each conducted on your case if they are unable to reach an agreement. Nothing here will impact your fee or your ability to get your money back from your case.[5]
Which Factors should I consider before Retaining a Personal Injury Attorney?
Always try to see the attorney in their office, if at all possible. That’s usually a smart idea because you can tell a lot about a lawyer’s success just by looking at their office. You can see how big or small the firm is, how many lawyers it has, how the receptionist greets you, how the reception area is laid out, how the receptionist and other staff members converse with clients over the phone while you are there, and even how busy the office is.[6]
First, try to acquire the following documentation from the attorney, irrespective of how you were introduced to them. Do not hesitate to inquire about the following matters:
- Has this attorney worked on cases comparable to mine? If yes, how has he or she handled cases similar to this in the past?
- What is the value of my case, in the event of a verdict or settlement?
- Shall I report for duty?
- What medical care should I get?
- When will I find out if the issue is resolved amicably or proceeds to trial?
- Is it okay if I arrive early? What is the impact of an early settlement on the value of my case?
- Which attorney at your firm will handle my case?
- How much time will it require me to get in touch with someone to discuss my case?
Always check reviews from previous customers regarding the firm and its solicitors. Examine their letters and emails from happy customers, as well as any reviews or testimonials, if they have a website. I get calls from potential customers who are so dissatisfied with their current attorney that they chose to work with the first attorney they encountered or spoke with, whether it was at the office, at home, or in a hospital. In fact, after their accident, they never spoke with any other solicitors before choosing their current one!
Does every personal injury lawyer offer a no-cost consultation?
Most personal injury lawyer offers a no-cost consultation. Nonetheless, new clients enquiring about potential personal injury cases frequently get in touch with us. Upon returning our call, I frequently find that the person says, “I already retained another lawyer.” “But you just sent me the email or called 20 minutes ago,” I inquire. Should you have a lawyer, why did you send it?” Subsequently, they state, “Well, I sent an email to a few lawyers, and I will hire that lawyer because they spoke with me over the phone before you did.” We have heard this conversation often throughout the years, even though it makes very little sense.
How significant is my selection of a personal injury lawyer who should handle my case
Selecting the best attorney for your case following a catastrophic injury from any kind of accident is one of the most significant choices you will ever make and will likely have a long-term impact on you and your family. Nonetheless, most people spend a lot more time and research deciding which car to purchase than they do deciding which attorney to retain following an accident!
Why not contact and meet with multiple personal injury attorneys before choosing one to hire, as previously mentioned, because they offer free consultations? Why not ask different lawyers your queries and see what kinds of responses you receive?
You are welcome to check our firm’s evaluations and testimonials on our website, along with a plethora of letters and emails from previous clients, to see what they have to say about us. You can view the numerous appeals that our office has successfully handled as well as the range of our cases that have received substantial media coverage over the past 40 years on our firm’s website.
What is the Procedure for Changing an Attorney in the Middle of My Case?
Nothing stops parties to a personal injury lawsuit from changing lawyers. In actuality, the procedure is quite easy.
• You should have another lawyer lined up who has agreed to take over your case before you fire your current one. By doing this, you can avoid having your case postponed or possibly dismissed because crucial deadlines were missed while you were looking for new counsel.
• With your new lawyer, sign a retainer agreement. This is straightforward paperwork that grants the new attorney the right to legally represent you.
• After that, your new lawyer will draft a document known as a “Consent to Change Attorney.” This document notifies the court, your current attorney, and all other relevant parties of your attorney switch.[7]
• A “stop work” letter will be written by your new attorney and forwarded to your old one. This instructs the lawyer to transfer the case file to your new counsel and cease working on your behalf.
You should think about changing solicitors if you believe your current one is not the best fit for you and your case, or if you are unhappy for any other reason.[8]
Frequently Asked Questions
Q: What Description Connotes a Personal Injury Claim?
A: A claim for personal injury is a lawsuit brought by a person or a Claimant who has been harmed or injured as a result of the carelessness or deliberate actions of another person (the defendant). This damage may be monetary, psychological, or physical.
Q: What Categories of Accidents Can Result in Personal Injuries?
A: Numerous accidents, such as vehicle collisions, slip-and-fall incidents, workplace mishaps, medical negligence, defective products, and more, may give rise to personal injury lawsuits.
Q: Is Filing Personal Injury Claims Time-bound in California?
A: The majority of personal injury claims in California have a two-year statute of limitations from the date of the accident or the injury’s discovery. It is imperative that you submit your claim within this time frame or you may forfeit your opportunity to pursue compensation.
Q: What Extent of Compensation should I Expect in a personal injury claim?
A: In personal injury lawsuits, damages—also referred to as compensation—may include lost income, medical costs, property damage, emotional distress, pain and suffering, and, in certain situations, punitive damages.
Q: Is it Necessary that I Retain an Attorney following a Personal Injury?
A: Even if you may manage a personal injury claim without legal assistance, doing so can greatly improve your chances of getting just compensation. A lawyer can represent your interests, negotiate with insurance companies, and help you through the convoluted legal system.
Q: How is Liability Apportioned in a Personal Injury Suit?
A: In personal injury cases, the fault is usually established by evaluating each party’s level of carelessness or accountability. Due to California’s use of the comparative negligence rule, awards may be withheld if the plaintiff is deemed to have contributed to the accident to some extent.
Q: How should I approach a Settlement Offer from an Insurance Company?
A: It is imperative to seek legal advice from a personal injury attorney before accepting any settlement offer made by an insurance provider. Insurance firms frequently attempt to negotiate lower settlement amounts for their claims. A lawyer can evaluate the offer and advise you on its fairness in light of your case’s specifics.
Q: How should I approach the event that the At-Fault party is Uninsured?
A: You may be able to obtain reimbursement through other channels, such as the uninsured/underinsured motorist coverage on your insurance policy, if the at-fault party is uninsured, or if their insurance coverage is insufficient to pay your damages.
Q: Should I pursue the Claim if I am Partially at Fault?
A: Absolutely. In California, it is still possible to pursue a personal injury claim even if you had some degree of fault in the collision. However, the comparative negligence rule may result in a reduction in your compensation based on your degree of fault.
Q: Which Steps should I take Following an Accident?
A: Seek immediate medical assistance, take pictures of the accident scene and your injuries, get the contact details of any witnesses, report the accident to the relevant authorities, and, to find out more about your legal rights and alternatives, speak with a personal injury lawyer as soon as you can.
Q: What factors should I consider while choosing a Personal Injury Lawyer?
A: Experience and Competence: Seek out a personal injury attorney with a great deal of experience managing cases just like yours. Verify their history of achieving positive results for customers.
Ratings and Status
Examine the attorney’s standing with the bar and with previous clients. To evaluate their professionalism, communication abilities, and client happiness, read reviews, testimonies, and ratings found online.
Qualifications and Attestations
Check the attorney’s qualifications, such as their training, legal license, and any personal injury law certificates. Becoming a member of respectable legal associations like the State Bar of California or the American Association for Justice (AAJ) might also be beneficial.
Case Evaluation
Arrange a meeting with the attorney to go over the specifics of your case. Take note of how they ask pertinent questions, pay attention to your worries, and clearly explain your legal options. A competent lawyer should provide frank evaluations of the advantages and disadvantages of your case.
Interaction and Accessibility
Pick a lawyer who answers your calls, emails, and questions with efficiency and promptness. Being reachable is crucial during the legal process, and you should feel at ease asking your lawyer questions or seeking clarification.
Fee Schedule
Find out how much the attorney charges and how you will be paid. Numerous personal injury lawyers take cases on a contingency fee basis, which means they only get paid if they can get you compensation. Before proceeding, make sure you comprehend the conditions of the fee agreement.
Personal Relationship
If you don’t feel comfortable working with the lawyer, go with your gut. Establishing a good connection and having faith in your lawyer’s skills can reduce stress and promote a fruitful working relationship between the two of you.
Local Understanding
Select a California attorney who is knowledgeable about the courts, judges, and legal system in your area. Local expertise can offer tactical benefits and guidance on how to effectively prosecute your claim.
Suggestions and Referrals
Get recommendations from reliable people, including family members, friends, and other experts who have dealt with personal injury lawyers in the past. Trusted sources’ recommendations can assist you in reducing your options and reaching a well-informed conclusion.
Contact us today for further information. Our contacts are available on our website.
Our California personal injury attorneys have over 300 years of combined expertise providing legal advice and representation, so they can help you get the most money possible for your injuries.
You will always communicate with your attorney directly—not via a secretary or paralegal—when you choose a Big Ben Lawyers accident attorney in California. We’ll be here for you at all times!
To learn more about your legal choices and rights, get in touch with the lawyers at Big Ben Lawyers for a free consultation. We will operate on a contingency fee basis if we accept your case, so there won’t be any up-front expenses for you.
Big Ben Lawyers are available throughout the day and the year and would aim to ensure that you get the best possible outcome in your personal injury claim. It is therefore extremely crucial that you reach out to us as soon as you are involved in an accident so that we can help you through the process of getting the compensation that you deserve.
Big Ben Lawyers
144 N Glendale Ave.
Suite 250
Glendale, CA 91206
[1] Quora, Why do personal injury attorneys have such a bad reputation? available at https://www.quora.com/Why-do-personal-injury-attorneys-have-such-a-bad-reputation, accessed on 22.03.2024.
[2] Ibid.
[3] Ibid.
[4] Lawyers.com, Choose a top-rated lawyer in Santa Clara County, ready to advocate for you, available at https://www.lawyers.com/top-lawyers/personal-injury/ca-santa-clara.html?&utm_source=google&utm_term=injury%20lawyers&utm_campaign=LDC+Test+-+Santa+Clara+County+CA&utm_medium=cpc&utm_content=sL9j3WExj_dc|pcrid|677813288601|pkw|injury%20lawyers|pmt|p|grpid={groupid}&mkwid=L9j3WExj&loc_interest_ms=1013642&loc_physical_ms=9076854&gad_source=1&gclid=Cj0KCQjwwYSwBhDcARIsAOyL0fg_n876bO9GzgsAcXJRj_l5s_dAcJy-f9X9B6xwmbi6_I1eDASa3JgaAh34EALw_wcB, accessed on 22nd March 2024.
[5] Ibid.
[6] California Lawyer Referrals, https://www.googleadservices.com/pagead/aclk?sa=L&ai=DChcSEwiNo8quhpCFAxWFCAYAHVSzAp0YABAAGgJ3cw&ase=2&gclid=Cj0KCQjwwYSwBhDcARIsAOyL0fgQiwMGYsuDeuKP85eOx_RCCEXMew_KdlBAa04njoeTp5hrJLIXq2QaAslyEALw_wcB&ohost=www.google.com&cid=CAESV-D2EvRmOzTLm-9KcoHem4aoC6Nh0Nh_ZSW-NuiqLNPyZ_oZ41Al_J7Detzp_kzreEGpDyKT_qSEwxt21-J3mFtDkJXIpymSlPGxnL1X9PUbMOrwB3a1Jg&sig=AOD64_1hikDtpcQ0AbdjaXPw9wv-yYgueg&q&nis=4&adurl&ved=2ahUKEwim7sGuhpCFAxUwSfEDHa-7AqMQ0Qx6BAgIEAE, accessed on 22nd March, 2024.
[7] Accident Solutions.CA, 7 things to consider when hiring a personal injury law, available at https://accidentsolution.ca/blog/7-things-to-consider-when-hiring-a-personal-injury-lawyer/, accessed on 22nd March 2024.
[8] Ibid.