Can I Switch my Lawyer after I Receive Medical Care for a Slip and Fall?

As previously stated, you have the right to fire your attorney and seek a new lawyer to take over your case. However, this is not something you should do unless there is legitimate cause, particularly if you received medical care for injuries from a slip and fall and there is a pending legal action.

We have found that lack of communication, whether it’s delayed responses or not getting back to a client at all, is the number one reason for why people want to switch attorneys. Communication problems can happen with any type of law firm, but we find they are especially common with mega-firms that have many locations throughout the state or county. Accident victims usually pick these places with the idea that there is a massive team of lawyers, case managers, paralegals, etc., who are readily available to assist them.

In reality, big name law firms have a tendency to focus their efforts on finding new cases rather than the ones they already have. And because of the staggering number of cases they have at any given point, they may prioritize clients by how much their lawsuit is worth. To put it simply, the claimant that is owed $2,000,000 for disability caused by a slip and fall is going to get more time and attention than the client whose case is worth $75,000.

Aside from communication problems, clients don’t always see eye to eye with their lawyer on important issues, like taking a case to trial or accepting a settlement offer. This is common with injury victims that have reached maximum medical improvement, meaning their condition will not improve with continual medical treatments. By this point, the victim has a better sense of what they have lost as a result of a slip and fall. With that in mind, they believe they are entitled to more compensation than what the defendant’s insurance company is offering. However, their attorney believes that the offer is the best they can hope for and urges the client to settle.

Whatever the issue, getting a second opinion is crucial if you have any questions or doubts about your lawyer’s advice or conduct. The auto accident lawyers of DTLA are here to provide you with a free second opinion, so contact us 24 hours a day, 7 days a week.

Let’s say you have spoken with an experienced personal injury lawyer and determined that switching attorneys is the best way to go. So, what is the right way to go about this process? Do you find a new lawyer first or fire the one that’s currently representing you in a slip and fall lawsuit?

If at all possible, we recommend that you hire a new slip and fall attorney as soon as possible. Then, allow them to handle the transition from your old firm to the new one. This isn’t a big problem if you haven’t filed a claim yet, meaning the cost to your attorney is fairly minimal. However, it’s a different story if they filed an insurance claim or lawsuit on your behalf. At this point, your lawyer (if they took your case on contingency) is entitled to a percentage of your settlement, even if you fire them and have a new lawyer take over your case. If you find a new slip and fall lawyer first, they will work out a fee agreement with the old firm and ensure that there are no unpleasant surprises for you later down the road.

Hiring a new slip and fall attorney before firing your old lawyer can also help you avoid lengthy delays in your case. Of course, a delay of some sort is inevitable, as your lawyer must obtain your case file and get up to speed on where you are with your lawsuit. This is another issue you will need to think about: is finding a new lawyer worth the temporary hold up with my fall accident injury claim? Ultimately, the answer is different for each and every claimant, which is why it’s essential to obtain a second opinion prior to switching lawyers for a slip and fall accident claim.

In essence, a case file is all the evidence, documentation, lawyer’s notes, etc. that have to do with your case. Your new lawyer will need this information to see the work that was done on your case so far and make a decision on how to move forward.

In theory, obtaining your case file is as simple as ending your contract with your lawyer in writing and providing the address to where they should send you the file. Unfortunately, you may run into unexpected problems when you ask for this information because you are transferring your case to another law firm. Though it’s petty and certainly unethical, there are passive-aggressive attorneys that delay the process in order to make life difficult for their ex-client. Or, it could be a matter of priorities, and the idea that you now rank last on their list as they are no longer representing you.

If you go ahead and hire a new lawyer first, you won’t have to deal with any of these headaches. When requests for information occur between attorneys, stall tactics and prolonged delays are unlikely to happen. As a result, you will experience minimal interruptions to your case and be on your way to receiving the funds you are entitled to.

Your law firm has the right to ask for the cost of processing and shipping your case file, which can be quite extensive depending on the complexity of your lawsuit. But the administrative fees that are involved should be within reason, so if you feel that you are being overcharged, don’t hesitate to call us for help.

As for any other payments, this shouldn’t be an issue if your lawyer took your case on contingency. However, there are instances where a client agrees to pay for services out of pocket, possibly in installments. Alternatively, the client may have taken out a loan from the law firm against their projected settlement, which is legal in the state of California.

Certainly, you will need to make payment arrangements with your lawyer to cover a cash advance or any other amounts that you owe. But this has nothing to do with your case file, which you can demand at any time. All the information in the file is your property, and it is illegal for them to hold your file hostage in return for any outstanding balance.

Again, this is why hiring a lawyer to take over a slip and fall case is the first thing you should do if you want to fire your current attorney. To discuss the option of switching lawyers for a fall accident injury claim, contact us today.

Slip and fall accident victims have enough to worry about without the added burden of how to pay for an experienced attorney. That’s why we provide free legal services to anyone who was injured by someone else’s negligence. With the Zero Fee Guarantee, you pay $0 out of pocket to hire a lawyer who will take over your case. That’s because we receive payment at the end of your lawsuit, and only if you are compensated for the harm you suffered.

To receive a free consultation on your rights and legal options, please contact our law firm.

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