Can I Switch Personal Injury Lawyers in the Middle of My Case?

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Yes. In Pennsylvania you have the right to change lawyers at any point in your case. Many people stay with a lawyer they're unhappy with because they think switching will cost them twice or hurt their claim. In most cases, neither is true.

Signs it may be time to switch

  • Your calls and emails go unanswered for weeks

  • You've only ever spoken with an assistant, never your attorney

  • You don't know what's happening with your case or what comes next

  • You feel pressured to accept a low settlement

  • Deadlines are getting close and nothing seems to be moving

Will I pay two attorney fees?

Usually, no. Most injury cases are handled on a contingency fee, and when you switch, the fee is generally divided between the two firms out of the single fee. The first lawyer may be entitled to a share for the reasonable value of the work already done and to be repaid for costs advanced. That gets worked out between the lawyers, and it usually does not double what you pay.

How the switch works

You don't have to have an awkward conversation. Your new lawyer can send a letter to the old firm, request your complete file and notify the insurance company. Pennsylvania's ethics rules require the old firm to turn over your file. Your case picks up where it left off.

Don't wait too long

The best time to switch is well before deadlines hit. Pennsylvania's general deadline to file most injury lawsuits is two years from the injury, and a new lawyer needs time to review the file, gather evidence and, if needed, file suit. If you are close to a settlement, get a second opinion before you sign. Read should you accept the first settlement offer.

Talk to Joyce, Carmody & Moran

If you're unhappy with how your injury case is being handled, call Joyce, Carmody & Moran at 570-602-3560 for a free, confidential case review. We'll tell you where your case stands, whether switching makes sense, and handle the transfer if you decide to move forward.

Need a second opinion from a Pittston personal injury lawyer or a Scranton personal injury attorney? We review cases from across Luzerne and Lackawanna County.

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