You've suffered an injury and are now fighting for your rights with a personal injury lawyer. But now, time has gone by, and you're no longer satisfied with how your case is going. You may be wondering – Can you switch lawyers in the middle of a case? Yes! Yes you can!
You should not accept poor representation and deserve the best chance to receive the compensation you deserve for your injury. It is your right to change lawyers if you are not being represented at the level of excellence and dedication you expect and deserve. If your current lawyer is not doing everything to ensure your success, the dedicated personal injury lawyers at Hach & Rose, LLP are here to assume control and fight for you. Call us now at (212) 779-0057 or contact us online to set up a confidential and free consultation.You don't understand what's happening
As a non-attorney, you may not grasp all details of your case, which is expected. Don't worry! However, you do deserve a thorough explanation of your attorney's plan, the current status of your personal injury claim, and all of your questions answered.Your attorney doesn't have enough experience
Here's a common scenario: When you first selected your attorney, they seemed the right person for the job. But now you know a little more about personal injury cases, you're not so sure. You've realized that there are other firms with more experience and better results. Because you don't pay for a personal injury attorney out of pocket, there's no reason not to pick the best. There's no shame in admitting you chose wrong the first time around. You can always take your case to a new personal injury attorney that you feel will fight hardest for your rights.You're feeling pressured to take a settlement
Your attorney has come back with a settlement that's much lower than you expected and what your case deserves. You want to fight for a higher settlement or perhaps take the case to court, but your attorney is putting pressure on you to accept the settlement as it is. In this situation, you don't even have to switch attorneys yet. Getting a second opinion could let you know whether you really should be getting a bigger settlement.Can I change my lawyer before settlement?
It is a fact that some personal injury attorneys will not take a case to trial. They will only settle out of court. So if you feel you're being offered a bad deal, your attorney may attempt to convince you to take it so they can make their return on investment and move on to another case. Do not accept a settlement that you aren't comfortable with! Seek out a firm like Hach & Rose, LLP that will take your case to trial if necessary and who will not rest until you have recovered the compensation you deserve. You should trust your intuition and be willing to change lawyers when it comes to something as important as your personal injury case.What should I look for in a new attorney?
If you're seriously considering switching attorneys, your first step is finding a new attorney that you feel comfortable with. You may wish to be extra certain that your new choice is definitely the right fit for you. However, for those unfamiliar with the legal field, you may not be sure what questions to ask. Below is a list of the most important things to research to select the best new attorney.Look at the results
The best personal injury lawyers will proudly display their results on their website. It shouldn't take too much digging to find it. Take a look at the results they have achieved for their clients. Hopefully, they should have some impressive numbers well over just a couple thousand, preferably a few in the millions. You want to know that this your new law firm has the experience to take on a big case. However, smaller numbers are also good to see, as some firms will not take on a case if they don't feel it is worth enough for their time. Without knowing exactly how much your case is worth, you should look for a wide range so that this firm can take it no matter what happens.Look at the practice areas
While you're on their website, take a look at the practice areas of your potential new lawyer. You want to ensure that your case is within their purview of so that you can find representation with solid experience with your type of case. This is particularly important if you are in a complicated field. If you pick a personal injury attorney who hasn't taken on a case like yours, he or she may not understand exactly how much you are entitled to and could offer you a settlement for much less than you should be getting.Look for awards
The larger firms will prominently display their awards, so these shouldn't be hard to find. If you can't find any, you may want to steer clear. Well-established, highly-rated law firms will certainly have at least a few awards. These shouldn't be the only thing you base your decision on, but you should at least see them on their website. Look specifically for national awards, like SuperLawyers, Best Lawyers, Million Dollar Advocates, and AVVO ratings.Look for testimonials
An honest review is worth its weight in gold. It's important to closely examine a firm's online presence before selecting them. You should look at reviews on their website and look at their business listing on Google. Be sure to read many reviews before coming to a conclusion and changing lawyers. One or two people are bound to be unhappy, but it shouldn't deter you if the rest of the reviews are great. Also, pay attention to how recent their reviews are. You want an active firm with many cases currently running, so a busy firm would probably have recent reviews. If they don't have a Google listing, you can't find reviews on them elsewhere, and their website looks outdated, you may want to steer clear.Ask the right questions
For someone unfamiliar with how personal injury law works, it can be difficult to think of the best questions to ask to evaluate their experience. After you've done your research, have a conversation with the attorney, and don't be afraid to ask tough questions! Here are some good questions to ask a potential lawyer:- How many years have you been handling personal injury cases?
- What are your results in personal injury cases?
- How much do you estimate my case is worth, and do you foresee any challenges?
- What strategies do you plan to employ to win my case, including going to trial if necessary?
- How do you receive compensation, and do you work on a contingency fee basis?
- Can you ensure clear communication throughout my case, answering questions and providing regular updates?
How do I ACTUALLY switch lawyers in a personal injury case?
After doing your research and choosing a new lawyer, your next step is to contact your potential new law firm and explain your injury to them. Let them know that you have already started the personal injury claim process with a previous attorney, but you aren't happy with the progress of your case. Once your new attorney has agreed to take on your case, they will take care of the rest. If your case has already been filed, your attorney will file a substitution of counsel, which informs the courts that you are changing attorneys. If your case is still in the early stages and you haven't filed a claim yet, it's even easier. You won't need to file anything.Is there paperwork involved when I switch attorneys?
Most of the paperwork should be handled by your new representation. Something you will have to do is sign a letter informing the previous lawyer and old law firm of the switch to a new firm. This is sometimes called a change of lawyer letter, which your attorney can help you with. This change of lawyer letter goes through the following process:- The previous attorney and law firm receive the letter and send their expenses to the new firm.
- The new law firm reviews and reimburses the old firm for reasonable costs.
- The old law firm transfers the case file to the new firm.
- No personal expenditure or communication with the old firm is required; the new firm handles everything.
- The process is typically swift, allowing for progression with the new law firm and the case.
How do I pay my attorneys?
In a nutshell, you do not have to pay any attorney fees. Most personal injury cases are paid on a contingent fee, which means you don't pay out of pocket for any expenses. In New York State, the legal fee for a personal injury case is one-third of the recovery. Your attorney will collect their fee from the amount you recover after your case. However, you may wonder how this will work if you switch attorneys halfway through your case. Rest assured that switching attorneys will not impact your recovery. When you switch attorneys, your new law firm will share the same one-third of the recovery with any prior law firms that you had working for you. The legal fees do not increase when you switch law firms. Your collected amount will not be affected, and your current and former attorneys will split the fees.Our Personal injury case results
Visit our results page to see the many positive outcomes we have obtained. Keep in mind that all personal injury cases are different, and past successes do not guarantee a future recovery. We are proud of our work, and we are honored to work with our clients who put their trust in us to achieve the results they deserve.