Personal injury cases are handled on a case-by-case basis. However, injury victims are responsible for hiring the right attorney for their cases. In some cases, injury victims may find that they have made the wrong hiring decision mid-way into their case. While it can be a difficult truth to accept, there’s much that can be done to correct the situation. Click this link here now.
Accident victims can choose to hire and fire their personal injury lawyer at any time during the case. However, it is important to understand the consequences of such actions, especially for the injury claim. Find below the information you need to know before firing your personal injury lawyer for another.
Can I switch personal injury lawyers?
Yes. Injury victims have a right to legal representation. This means that they can name whoever is representing their legal interest in most cases. A typical personal injury lawyer can be replaced due to several reasons, especially if the injury victim no longer believes in them.
In replacing your injury lawyer, it is important to have secured a new attorney before making the change. It is also important to note that this decision may have a few limitations and cost-related consequences.
On what grounds can I switch my personal injury lawyer?
Accident victims can change their personal injury lawyers for any reason they deem important enough. In most cases, injury victims fire their attorneys due to a lack of belief in their approach or strategy. However, other reasons injury victims may fire their lawyers include the following;
- The lawyer has poor communication skills, i.e., they don’t take or return calls or emails
- The case seems to have hit a dead end with no silver lining in sight
- There is a conflict of interest on the attorney’s side
- You cannot seem to agree with the attorney on how your case should proceed
- The attorney does not have any strategy, or you don’t trust the attorney’s strategy to deliver the required outcome
- Your lawyer doesn’t seem interested in carrying you along and explaining how the legal process works
- The lawyer is too eager to settle or is pressuring you to take a settlement offer from the insurance company
- You lack trust and confidence in the personal injury lawyer, their abilities, or professionalism
- The personal injury lawyer died or was disbarred during your case.
The above are just some reasons why injury victims may choose to replace their attorneys during their personal injury claim.
How do I switch lawyers midway into my personal injury claim?
Switching lawyers during a personal injury claim can be technical. This is why you should do your due diligence at the start of your case and hire the right attorney.
The technicality of the firing and hiring process will depend largely on how far the case has proceeded. It is easier to change attorneys at the start of your case. However, you’ll need to do a substitution of counsel if you have already filed a court case. This process essentially tells the court and the other parties that you are replacing your attorney. It also ensures that all subsequent communications are directed to your new legal counsel.
Are there limitations to changing your attorney mid-case?
Sometimes, injury victims may be unable to change their legal counsel during the claims process. In most cases, this limitation may relate to the timeline of the case. If the change will prolong the case significantly, injury victims may elect to keep their old lawyer on board until the case has been decided.
Not being able to switch lawyers mid-case due to the case timeline protects both sides and saves the court from time wastage. This is especially true as some people may elect to change lawyers to delay their cases further and force negotiations from the other party.
So, as an injury victim, it is best to research your injury lawyer thoroughly before hiring. It is also advisable to begin the replacement process as quickly as possible to prevent delays or limitations.
Will my attorney’s payment change if I change them?
Most personal injury lawyers offer a contingency fee service to injury victims. This means that they bear the upfront cost of the case until a positive resolution is reached.
Changing your attorney mid-way into your case may cause significant losses to the old attorney. To mitigate this, your new attorney may need to pay the original attorney from your settlement before you are reimbursed for damages.
This development can further drive down your final settlement as you’ll be paying costs and fees to two attorneys before recouping your damages.
Changing your attorney can make or break your case. It is an important decision that should be carefully evaluated before it is taken. Consider the pros and cons of your options and decide which is best for your case and the expected outcome.
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