Is It Possible to Switch Personal Injury Lawyers?

Suffering a personal injury can be a life-altering experience, and having the right legal representation is crucial to ensuring your rights are protected and you receive the compensation you deserve. But what happens if you’re unhappy with your current attorney? Can you switch personal injury lawyers in the middle of your case? The short answer is yes, you can. In New Jersey, you can change lawyers at any point in your case as long as you haven’t signed a settlement agreement. 

Let’s explore why you might consider switching, how the process works, and what you need to know before making the change.

Reasons to Consider Switching Personal Injury Lawyers

Choosing the right attorney is critical; sometimes, the relationship doesn’t work out as expected. Here are some common reasons why clients in New Jersey consider switching personal injury lawyers:

• Lack of Communication: If your attorney doesn’t return your calls and emails or keep you updated on your case, you may feel frustrated and dark.
  
• Lack of Progress: If months have passed with little to no movement on your case, it may be time to seek a more proactive legal team.
  
• Loss of Trust: Trust is the foundation of the attorney-client relationship. If you feel your lawyer isn’t prioritizing your best interests, it’s okay to explore other options.
  
• Inexperience: Personal injury cases can be complex, and you need an attorney with experience handling cases similar to yours.
  
• Personality Conflicts: Sometimes, personalities clash, and it’s better to find a lawyer who aligns with your communication style and values.
  

If any of these issues resonate with you, it may be time to consider switching attorneys. Remember, your case is too important to leave in the hands of someone who isn’t fully committed to your success.

Legal Process for Switching Personal Injury Lawyers in New Jersey

Switching lawyers in New Jersey is straightforward, but it requires careful attention to detail to ensure your case isn’t disrupted. Here’s how it works:

• Find a New Attorney: Start by researching and consulting with new attorneys. At Rosengard Law Group, we offer free consultations to discuss your case and explain how we can help. Choosing a firm with experience in New Jersey personal injury law and a track record of success is essential.
  
• Sign a New Representation Agreement: Once you’ve chosen a new attorney, you’ll sign a representation agreement outlining the terms of your partnership. This agreement will also authorize your new lawyer to handle the transition process.
  
• Notify Your Current Attorney: Your new attorney will formally notify your previous lawyer of the change in representation. This step is crucial to ensure a smooth handover of your case files.
  
• Transfer Case Files: Your new attorney will request all relevant case files from your previous lawyer. Under New Jersey’s Rules of Professional Conduct, your former attorney must provide these files promptly.
  
• Update the Court and Insurance Companies: If your case has already been filed in court, your new attorney will notify the court and the opposing party (usually the insurance company) of the change in representation.

Things to Consider Before Switching Personal Injury Lawyers

Before making the switch, weighing the pros and cons is important. Here are some key factors to consider:

• Timing: New Jersey has a two-year statute of limitations for most personal injury cases (N.J.S.A. 2A:14-2). If your case is nearing this deadline, switching lawyers could delay the filing of your claim. Ensure your new attorney has enough time to review your case and take appropriate action.
  
• Case Progress: If your case is close to settlement or trial, switching lawyers might not be in your best interest. Discuss this with your new attorney to ensure a smooth transition.
  
• Fee Arrangements: Most personal injury lawyers in New Jersey work on a contingency fee basis, meaning they only get paid if you win your case. However, you’ll want to clarify how fees will be handled between your old and new attorneys to avoid surprises.

What Happens to Your Current Case if You Switch Lawyers?

The clients’ biggest concern is whether switching lawyers will disrupt their case. The good news is that a well-managed transition should have minimal impact on your case. Here’s what typically happens:

• Your new attorney will review your case files and determine where your previous lawyer left off.
  
• If your case is in the pre-litigation phase (negotiating with insurance companies), your new attorney will take over communications and negotiations.
  
• If your case is already in litigation, your new attorney will file a substitution of counsel with the court to ensure the case proceeds without delay.
  

Switching could be a positive step if your current lawyer isn’t meeting this standard.

Need a Free Consultation? Contact Our Experienced Personal Injury Lawyers Today

At Rosengard Law Group, we understand how overwhelming it can be to navigate a personal injury claim, especially if you’re unhappy with your current representation. Our team is here to help. We offer free, no-obligation consultations to discuss your case and explain how we can advocate for your rights.

If you’re considering switching lawyers, don’t wait. The sooner you act, the sooner we can get to work on your case. Contact us at (856) 284-6446 to schedule your free consultation today. Let us help you move forward with confidence.