Can I Switch Attorneys in a Personal Injury Case?

There are many reasons why people decide to switch attorneys during a personal injury case. Following an injury that someone’s negligence caused, victims deserve to recover financial compensation. 

In their rush to file a claim, some people feel they hired the wrong personal injury lawyer. Several scenarios may result in someone wanting to switch legal representatives, such as:

The Attorney Is Unresponsive

Your legal representative should be present and communicative throughout the duration of your personal injury claim. A lawyer should provide regular updates and information to their clients about the status of the case. 

When a personal injury attorney does not regularly respond to emails or phone calls, claimants may want to find a new lawyer. Following an injury, you have enough problems. You should not have to deal with an attorney who is unresponsive.

They Are Rude or Uncooperative

Hiring a lawyer should make your life easier. Legal professionals are tasked with representing the best interests of their clientele. 

Some attorneys are uncooperative, rude, or talk down to their clients. This is unacceptable and causes many people to change lawyers.

The Attorney Disagrees on the Course of the Case

Legal representatives should always give the best advice to their clients. This is especially true when the person is seriously injured and needs financial recovery.  

However, the injured claimant should be satisfied with the legal strategy their lawyer employs. When the attorney and the client significantly disagree on the direction of the case, it is a serious problem that may be resolved by changing personal injury lawyers.

The Lawyer Pressures the Client to Accept a Low Settlement

The attorneys at Morgan and Morgan believe that personal injury victims deserve adequate compensation. However, some lawyers pressure their clients to accept lowball settlements in hopes of concluding a case quickly. 

You should never accept a settlement amount with which you are uncomfortable. Injury victims typically experience drastic financial losses after an accident. 

Recovering the full value of an injury claim from a tightfisted insurance company is difficult. Victims deserve a legal representative who will fight diligently for them. If your attorney is pressuring you to accept an inadequate settlement, you may want to switch personal injury lawyers.

Death or Disbarment of the Attorney Occurs

Even if you are happy with your attorney’s work, your personal injury lawyer may become unavailable. If death or disbarment occurs, a new lawyer can take over your claim.

No matter the reason, it is important to know how to switch attorneys during a personal injury claim. Legal clients must follow a specific process to change legal representation.  

The process of switching attorneys depends on the status of your case. Clients who have already filed a formal court case need to employ a “substitution of counsel.” 

A "substitution of counsel" is a legal term that refers to the replacement of one attorney with another. The process of substitution of counsel usually involves the withdrawal of the current attorney. 

It also involves the appearance of a new personal injury lawyer on the record. When a claim has already been filed, the court must approve a substitution of counsel. 

If you have not filed a formal claim through the court system, it may be easier to change attorneys. When this is the case, your new personal injury lawyer can inform your old lawyer about the switch. 

The attorneys at Morgan and Morgan are familiar with the legal process of changing attorneys during a personal injury claim. Speak with one of our knowledgeable representatives to determine the best course of action for you.

In some cases, claimants are not permitted to change legal representatives. Fortunately, these cases are rare. 

There are statutes in place to ensure that people do not switch attorneys solely to delay a case. Changing lawyers can cause significant delays in the timeline of a personal injury claim. 

If you are considering switching personal injury lawyers, do not hesitate. The sooner you secure different representation, the better. If a judge suspects you are trying to delay, they may deny your substitution of counsel.  

Conflicts of interest may also prevent you from switching attorneys. If your proposed legal representative has an inappropriate stake in the case, you will be unable to hire them. 

Still, it is usually your right to change your attorney. Complete our online form to speak with a personal injury lawyer at Morgan & Morgan about switching legal representation.

No matter the type of personal injury claim at hand, plaintiffs usually have the right to switch lawyers. Some of the typical kinds of personal injury claims nationwide include:

Traffic Accidents

Car accidents are one of the most common causes of personal injuries in the United States. When a person is injured because of another driver’s negligence, they can pursue financial compensation. 

The most common types of car crashes are: 

• Sideswipes or T-bone crashes
• Head-on accidents
• Rear-end collisions
• Rollovers
• Single-vehicle crashes 

All types of car accidents can result in legal claims if someone is at fault for the damage. However, if the attorney in charge of the client’s claim is inadequate, the client can replace them.

Slip and Falls

Slipping and falling can cause significant and long-term injuries. When someone falls on another person’s property, they can sue for financial damages. 

However, if your legal representative does not effectively fight for you in your falling accident case, you may decide to switch attorneys. You should not have to deal with an unskilled or unresponsive property liability attorney.

Brain Injury Claims

Traumatic brain injuries (TBIs) often result in tort claims. Even mild TBIs require immediate medical attention. This type of injury is known as a “concussion.” 

Some of the common symptoms of traumatic brain injuries are: 

• Cognitive impairments
• Loss of consciousness
• Memory problems
• Blurred vision
• Difficulty sleeping or waking

If you have been in an accident and are experiencing these symptoms, make sure to speak with a medical care provider immediately. Personal injury attorneys can help you pursue repayment for any accrued care costs.

Securing all relevant information before changing lawyers in an injury case is critical. Make sure to meet the new lawyer face-to-face before hiring them. 

Most trustworthy tort law firms will provide you with a no-cost case evaluation before you decide to hire them. If an attorney requires payment before agreeing to take your case, it is best to keep looking. 

You should also consider the size of the firm. Larger firms will have access to legal resources that smaller firms may not.  

However, you should never hire a firm where your attorney will be so busy that they are inaccessible. You will need to ask questions and have an ongoing dialogue about the status of your case. 

Ask any relevant questions when you are considering hiring a new attorney. Some of the most important questions to ask during a legal consultation include:

• What is your experience handling cases like mine?
• How do you plan to approach my case?
• What is your success rate in personal injury cases?
• What is your fee structure?
• How will you communicate with me during the case? 
• How often can I expect updates?
• How long will the legal process take in my case?
• Can you provide me with references from past clients?
• What are the potential risks and downsides of my case?
• How will you handle any potential conflicts of interest?
• Are you comfortable going to trial if necessary? 

You should never hire a legal professional who does not have courtroom experience. Most personal injury claims do not proceed to trial, but some do. 

This is especially true in cases where the insurance company or at-fault party is uncooperative. If settlement negotiations are unsuccessful, the attorneys at Morgan & Morgan will be ready to file a lawsuit on your behalf.

Contingency legal fees are a type of fee arrangement in which an attorney agrees to handle cases on a "contingency" basis. This means the client will only pay the lawyer if the case is successful. If the case is not successful, the attorney will not receive any payment. 

In this type of fee arrangement, the attorney will typically be paid a percentage of the amount recovered in the case. Contingency fees are often used in personal injury cases.  

The team at Morgan & Morgan understands that injured people have enough to deal with. That is why our legal professionals only get paid if you receive the money you deserve. 

If you are unhappy with your current legal representation, do not wait to take action. You should not settle for less than the best personal injury attorney. 

Fortunately, the team at Morgan and Morgan is prepared to help you. We will review the facts of your case and help you explore your legal options. 

When we take your case, we will fight tirelessly to recover every dime you are due. Complete the simple online contact form on the Morgan & Morgan website today for a no-cost case evaluation.