Can I Switch my Lawyer after I Receive Medical Care for an Auto Accident?

As we’ve mentioned, it’s perfectly within your rights to fire a lawyer and find someone else to represent you. But you should have a good reason for doing so, especially if you have already received medical care and you have a pending claim with the defendant’s insurance company.

Generally, lack of communication is the reason most people give when they are asked about why they are unhappy with their lawyer. This can happen with big law firms that operate from dozens of locations with a massive team of lawyers, paralegals, case managers, etc. Under these circumstances, you would think that there is always someone to answer your call or email, but many of these firms are more interested in finding the next big case, rather than following through with the ones they already have. Lawyers may also prioritize how and when they get back to a client based on case value. In essence, the victim with severe injuries who is likely to receive $2,000,000 and above gets more attention than someone who is looking at a potential settlement of $75,000.

Aside from untimely or infrequent communication, clients and lawyers may also clash over critical decisions, like whether or not to accept a settlement. This is important to note with people who have completed their medical treatments following a car crash, rollover, or another type of auto accident. Now that you have a better understanding of your condition and how it will affect your life, perhaps you feel that the insurance company’s offer isn’t good enough. Your lawyer, on the other hand, is pushing for you to settle.

No matter the issue, it’s essential to get a second opinion if you have the slightest doubt about what your lawyer is telling you. Even if the issues you have are on a personal level, like not appreciating how they talk to you, it’s in your best interest to get another attorney’s perspective and see if getting a new lawyer would make a positive difference in your case.

So, you have discussed your options with another personal injury lawyer and made a firm decision on finding a new lawyer to take over your car accident claim. But what should you do first: hire a new auto accident injury attorney or fire the one you currently have?

We always recommend that you obtain new counsel first, as it will allow for a smoother transition of your case from the old law firm to the new one. It’s important to note that when you switch lawyers, there are many complications that need to be resolved, particularly if your attorney is working on contingency. If you haven’t filed a legal claim yet, then your attorney’s fees are minimal, and they may agree to end the contract without charging you anything.

But accident victims that have reached maximum medical improvement probably have a claim or lawsuit that’s already in progress. That means your old lawyer may be entitled to a portion of your settlement under the legal principle of “quantum meruit.” Working out how much they should receive is a complicated procedure that should be handled between the old law firm and the new one. This is why we advise injury victims to look for another lawyer right away, who can resolve these issues as fast as possible.

Hiring a new lawyer first will also minimize any delays in your case, though some amount of delay is inevitable. So, that’s another issue you will have to consider: is changing lawyers worth the temporary lag in my lawsuit for a car accident? The answer depends on what you stand to lose if you stay with your lawyer, which is one of the subjects we can discuss with you during a free second opinion consultation.

In this section, we will talk about the need to obtain your case file from your previous law firm. This is another reason that switching to a new law firm before ending your contract with the current lawyer is a good idea.

To put it simply, a case file is all the information that your law firm has pertaining to your case, like your medical records, pictures, video footage, and other evidence, and correspondences between your law firm and the other party’s insurance company. Without your case file, your new lawyer will not be able to move forward with your lawsuit.

Obtaining the file should be a simple process, where you terminate the contract with your lawyer in writing, along with instructions on where to send the requested information. But many people experience delays and lack of cooperation from their attorney when it comes to releasing their file. Though it’s unethical and petty, some lawyers deliberately delay the process as an act of retaliation. Alternatively, they no longer feel the need to honor your requests in a timely manner, since you are now off their client list.

By finding a new car accident lawyer first, the transference of the case file will be much easier. For one thing, you won’t have to be involved at all, since your new lawyer will request the file directly from your old law firm. It’s unlikely that a law firm will use stall tactics or make excuses to not release the file when the request is coming from another attorney, so the transition should be relatively painless.

Yes, you can fire your attorney and get someone else to represent you, even if you owe them money.

Most car accident attorneys work on contingency, so owing your lawyer money isn’t something most people have to worry about. But it’s possible that you agreed to pay out of pocket for certain services, or you may have taken out a loan against your settlement from your law firm. In that case, you will have to pay back the outstanding balance according to the terms set forth in the contract between you and your lawyer.

However, this doesn’t mean that mean that you are obligated to stay with your lawyer if you are dissatisfied with their service. Furthermore, you cannot be denied the information in your case file until you pay them back, as your case file is legally your property. It’s highly unlikely that your lawyer will demand payment before giving you the file, but there are ways to make life difficult for you by holding onto the file much longer than they should. They may also demand outrages “administrative” fees for processing, copying, and shipping the documents to you.

Choosing a new law firm as soon as possible is the easiest way to bypass these issues. When transference of a case file is requested by the lawyer that’s taking over your case, it’s very rare that there are unreasonable delays that make it hard for you to move forward with your lawsuit.

One thing many car accident victims worry about is how much it will cost them to move their case from one law firm to another. Here at DTLA Law Group, we have a Zero Fee Guarantee to ensure that you pay $0 if you wish to hire one of our attorneys to take over your case. We will cover any remaining costs associated with your claim and wait till the end of your case to recover our expenses. The only way that happens is by winning your lawsuit, so if you don’t get paid for a car accident claim, neither do we.

For a free case evaluation regarding your rights and legal options, contact our office as soon as possible.

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