Can I fire my car accident lawyer and get a new one?

Car Accident Lawyer

If you are in the midst of an injury claim or lawsuit, and have become dissatisfied with your car accident lawyer you may be wondering about your options for replacing them. The good news is that you can probably manage this easier than you think. And you should also know that you are not alone in wishing you had chosen a different car accident lawyer from the start. In the chaos and aftermath of an injury accident, many big decisions must be made quickly and when one is in pain and feeling anxious, mistakes are bound to be made. If you are in need of a respected and highly qualified car accident lawyer, like a car accident lawyer from MartinWren, P.C., give a law firm a call.

Here are answers to some of the most common questions asked about the process of moving on from one car accident lawyer to another who will better suit the client’s needs.

Will I owe the car accident lawyer any money if I terminate our contract?

Assuming that there is not a settlement offer that has already been made by the at-fault driver’s insurance company, it is a straightforward process to terminate your existing car accident lawyer. Not only will they not charge you anything but they are obligated to give you your complete case file. (If they need to make copies, they may charge you a modest copying fee.)

If your first car accident lawyer spent time on your case before you terminated them, they have the right to file a lien on the settlement you receive. Should this occur, when your new car accident lawyer negotiates a settlement, the first lawyer’s lien will kick in and they will be paid from the portion of the settlement that your second lawyer receives. In other words, the two lawyers will share the pre-agreed percentage of the settlement for lawyer fees and it will not be taken out of your share.

How will I know if I should get a new lawyer?

The answer is different for anyone. And though nobody is perfect, including car accident lawyers, there are some red flags to be mindful of that may indicate it’s time to change lawyers. If several of the follow are true for you, and the lawyer is not willing to change these behaviors, you may be best served by hiring a new lawyer.

  1.   The lawyer has neglected to tell you what their strategy is for resolving your case.
  2.   The lawyer has not explained what facts must be proven before the claim can be filed.
  3.   The lawyer does not return your phone calls within 48 hours.

What if a low settlement was offered to me and my car accident lawyer refuses to negotiate with the insurance company?

If your documented damages from the car accident far exceed what the at-fault party’s insurance company is willing to pay you, your car accident lawyer should make every effort to negotiate a fair settlement. However, you cannot fire the lawyer and then accept the low-balled settlement offer because the lawyer will have placed a lien on it and will take their fee before you receive the check for the balance. Your only options are to stay with the original car accident lawyer or else find another one who believes they can negotiate a much higher settlement. As long as you and your new lawyer do not accept the original offer, you should be okay but finding a new lawyer under these circumstances may be challenging.

To discuss your case with an aggressive and experienced car accident lawyer, call a law firm today.