Should You Get a New Attorney for Your Personal Injury Claim?

Sometimes, a person may find themselves unhappy with their car crash lawyer in Kent. This can happen for a number of reasons, including a lack of clear communication at the beginning of the case, the attorney’s lack of experience with the person’s case type, or a lack of professionalism from the attorney or their staff.

Fortunately, in most situations, there is no reason why a person with a personal injury claim can’t switch attorneys. However, before you decide to find a new attorney to handle your current claim, you do need to know a few important things.

Liens May Apply

Once you have hired an attorney to work on your case and they begin working, you might have entered into a legal agreement with that attorney that allows them to be paid for the work they have done. While the contract can’t force you to stay with that attorney, it does give them the right to receive payment for whatever work they have done.

If you decide to part with your current attorney and hire someone else, the previous attorney might file a lien against your case. This lien could require that you pay the former attorney the costs incurred on your case and a reasonable amount for the work they did. The amount you would owe depends on your fee agreement and what work the attorney did, and there is sometimes an issue over what constitutes a reasonable amount in these situations.

Keep in mind that your new car crash lawyer in Kent can review the lien amount from the previous attorney to determine whether the work done was needed and/or was reasonable and whether the amount being asked for is appropriate. This is done to ensure that you are not going to overpay your former attorney.

The more time the attorney you have now works on the case, the greater the costs they will probably incur and the more work they will do, both of which will increase your lien amount. If you want to switch attorneys, you should do it as soon as possible.

Mistakes May Have Been Made

Pursuing a personal injury claim involves quite a lot of work, If your current attorney has made a mistake, it can be difficult or even impossible for your new attorney to correct it. Some mistakes can even reduce your claim’s value or really complicate your case, and this may dissuade a new attorney from taking over. This is another reason why it’s important to change attorneys as soon as you realize there is a problem.

Your Case May Be Too Far Along

How long your attorney has worked on your case does tie into liens and the potential for making mistakes, as discussed above, but it can also be a standalone factor.

A new attorney may weigh how long your current attorney has been working on your case when deciding whether to take it over. If, for example, your current attorney has argued your case in court for many months, trying to switch attorneys shortly before your set trial date may not be the smartest move. Your new attorney could be at a serious disadvantage by having to go to court with your case with such short notice. Each case is unique, so you’ll need to discuss this possible problem with the new attorney before you formally make the switch.

Make Your Choice Sooner Rather Than Later

The significance of the factors above may vary to different attorneys. The good news is that there is always the possibility that a personal injury attorney will be willing to take over your case if you find you are very unhappy with your current attorney.

Once you have decided you want to switch attorneys, be sure to talk to several candidates so you can find the right one who is also willing to take on your case. Be honest about your situation and the accident, where your case stands and why you are concerned with your current attorney when you consult with potential replacements. This will allow them to make a fully informed decision on whether to take your case on at this time.