Choosing a personal injury attorney is an important decision. Hiring a new personal injury attorney after you have already had a disappointing experience can feel even more difficult.
Maybe your current attorney rarely returns your calls. Maybe you don’t understand what is happening with your case. Maybe months have gone by without an update, or you simply no longer feel confident that the attorney-client relationship is working.
Whatever brought you to this point, don’t rush into hiring another lawyer just because you are frustrated with the first one.
Before making a change, take the time to ask questions and understand how the new attorney would handle your case. Consider these things before hiring a new personal injury attorney.
1. Will You Be Able to Communicate when Hiring a New Attorney?
Communication is one of the first things to consider, particularly if poor communication is why you are leaving your current attorney.
Ask how the law firm communicates with clients.
Will you be able to speak directly with your attorney when necessary? Who will provide routine case updates? How quickly does the office generally respond to calls or emails? Will you know when something important happens in your case?
You shouldn’t expect your attorney to be available every minute of every day. But you should understand how communication will work and how the firm will keep you informed.
If communication has already been a problem in your case, talk openly about it during your consultation with a prospective new attorney.
2. Does the New Attorney Regularly Handle Personal Injury Cases?
Personal injury cases can involve much more than sending a demand letter to an insurance company. Consider their experience before hiring a new personal injury attorney.
Depending on the case, an attorney may need to investigate the accident, obtain medical records, work with medical providers, identify available insurance coverage, evaluate damages, negotiate with insurance companies and potentially prepare the case for litigation.
Ask about the attorney’s experience handling cases similar to yours.
A car accident, commercial truck accident, premises liability claim or serious injury case can each present different issues. You want to understand whether the attorney you are considering regularly handles the type of claim you have.
3. Has the Attorney Actually Reviewed Your Case when Hiring a New Personal Injury Attorney?
Be cautious about making a decision based entirely on advertising or promises made before anyone has looked closely at your situation. When hiring a new personal injury attorney, consider what the attorney actually knows.
If you are switching attorneys, give the prospective lawyer enough information to understand where the case currently stands.
Tell the attorney when the accident occurred, what treatment you have received, whether a claim or lawsuit has been filed, whether settlement negotiations have taken place and why you are considering changing attorneys.
If possible, bring important documents with you.
The more the attorney understands about the case, the more productive your conversation can be.
4. Ask Who Will Actually Handle Your Case
The attorney you meet during the initial consultation may not necessarily be the person you communicate with most frequently after hiring the firm.
Ask who will be responsible for your case when hiring a new personal injury attorney. Will another attorney be involved? Will you primarily communicate with a paralegal or case manager? Who makes decisions about negotiations and litigation?
There is nothing unusual about a legal team working together on a case. The important thing is knowing what to expect before you sign a new agreement.
5. Talk About What Went Wrong With Your Previous Attorney
If you are changing attorneys, don’t be afraid to explain why.
Were calls not being returned?
Were you receiving little information about your case?
Did you feel pressured to accept a settlement?
Did you disagree about how the case should proceed?
Did you simply lose confidence in the relationship?
This conversation gives the new attorney an opportunity to explain how the firm would handle those same concerns.
It also gives you a chance to decide whether the new attorney-client relationship is likely to be a better fit.
6. Ask About the Strategy for Your Case
You do not need a lawyer to predict exactly how your case will end.
In fact, be cautious about anyone making guarantees.
What you should expect is a meaningful discussion about the case.
Ask what the attorney sees as the important issues. What information is still needed? What are the potential challenges? What happens next?
If your case has already been pending for months or even years, ask how changing attorneys could affect the next steps.
You should leave the conversation with a better understanding of your case — not simply a promise that everything will work out.
7. Understand the Fee Agreement Before Signing
Personal injury attorneys commonly work under contingency fee arrangements, meaning attorney fees are generally tied to a recovery.
But don’t stop at asking, “What percentage do you charge?”
Read the agreement.
Ask how litigation expenses and other case costs are handled. Ask whether the percentage changes if a lawsuit is filed or the case proceeds further into litigation.
And if you are switching attorneys, ask an especially important question:
What happens with the fees claimed by my previous lawyer?
Changing attorneys does not necessarily mean the work performed by the former attorney simply disappears. Depending on the circumstances, the former attorney may assert a claim for compensation for work already performed.
Your prospective new attorney should be able to discuss how that issue may affect your case before you make the switch.
8. Pay Attention to the Questions the Attorney Asks You
You are interviewing the attorney, but the attorney should also be asking questions.
A lawyer evaluating a personal injury case may want to know about the accident, your injuries, medical treatment, prior medical conditions, available insurance, communications with insurance companies and what has happened in the case so far.
If you already have an attorney, the prospective new lawyer will also need to understand the status of that representation.
A productive consultation should be a conversation, not simply a sales pitch.
9. Make Sure You Understand Who Makes the Final Settlement Decision
Your attorney can evaluate a settlement offer, explain the advantages and disadvantages and make recommendations.
But the decision whether to settle your personal injury case belongs to you.
You should feel comfortable asking questions about settlement offers and understanding why your attorney recommends accepting, rejecting or negotiating an offer.
If disagreement over settlement is one of the reasons you are considering changing lawyers, discuss that with the prospective attorney before making a decision.
10. Choose an Attorney You Feel Comfortable Asking Questions
Personal injury cases can take time.
During that time, you may need to discuss your health, finances, medical treatment, work and other personal issues with your lawyer.
You should be able to ask questions when you don’t understand something.
You should also feel comfortable raising concerns.
No attorney can promise a particular outcome. But you can look for an attorney who communicates clearly, answers your questions and gives you the information you need to make decisions about your case.
Thinking About Changing Personal Injury Attorneys?
If you are unhappy with your current personal injury attorney, you do not have to hire someone new without first asking questions.
Take the time to understand where your case stands, how a prospective attorney would approach it, how communication will work and what changing attorneys may mean for fees and the progression of your case.
Kim Welch Law represents personal injury clients in Nevada and Colorado and also speaks with people who are considering changing attorneys during an existing personal injury case.
If you are questioning whether your current attorney-client relationship is working, contact Kim Welch Law to discuss your situation and learn more about your options. Find us on Facebook at our Colorado Springs location and our Henderson, Nevada office.