Generally, you will be able to switch attorneys if you become unhappy with your current representation in a personal injury case. However, there are some exceptions to consider, depending on the circumstances of your case.
For reliable representation from an accident lawyer in Las Vegas, call George Bochanis Injury Law Offices today at 702-388-2005 to schedule a free consultation.
Reasons to Consider Switching Personal Injury Lawyers
If you’re dissatisfied with your attorney at any point during a personal injury case, such as a car accident claim, you may be able to switch personal injury attorneys to find more satisfactory representation.
The following are some reasons individuals may switch attorneys during their cases:
Poor Communication
One of the main reasons clients may want to change lawyers is poor communication. For instance, attorneys may not return phone calls or emails, or they might not provide clear communication channels at all for their clients.
A good lawyer will let you know how to get in touch with him or her from the start of your case. Even if you cannot get in direct contact with your attorney at certain points, another point of contact should always be available to answer questions and keep you updated on your case.
Disagreements on How to Proceed
While you should listen to an experienced lawyer to help you make decisions about your case, how your case proceeds is ultimately up to you. If your lawyer refuses to take your case in the direction you want, you may want to switch attorneys to find someone who can work with your approach.
An Inadequate Legal Strategy
You could decide to change attorneys if the attorney you have doesn’t have a clear strategy in place, or the current strategy isn’t likely to help your case succeed.
Good attorneys will know how to approach your case based on the various factors involved, developing a personalized strategy that truly works for you.
Pressure to Settle
Lawyers can provide advice regarding your case, including when to settle and accept an offer for compensation. However, the decision to settle falls upon the client. If your attorney is trying to get you to accept a settlement you don’t think is fair, you may decide to choose an attorney who will fight for a better outcome.
You’re Not Getting the Results You Want
Another reason for changing attorneys could be the lack of progress your attorney is making with your case. Your case may not be moving the way you want it to or the attorney promised it would, or your attorney may be simply approaching your case in a way that’s not leaving you satisfied.
How to Switch Personal Injury Lawyers in Nevada
The ability to switch personal injury attorneys and the process of switching attorneys will depend on your case’s phase.
Switching Before the Legal Process Begins
It’s generally easiest to switch lawyers before you’ve officially begun the case by filing a claim or lawsuit. At this time, you could reach out to another attorney in accordance with the Sixth Amendment of the U.S. Constitution, which gives you the right to choose the legal counsel that represents you.
Once you switch attorneys during this stage, the new attorney could let all other parties involved know about the switch and indicate that he or she will be representing you for the remainder.
Switching in the Middle of Your Case
While you can still choose to go with different representation after the legal process starts, doing so can be more difficult. In Nevada, if your case has already begun, you must file a substitution of counsel to the Nevada court. This document will indicate to everyone involved in the case that you’re in the process of switching attorneys.
Also, you will need to consider the requirements in place for your county, as the rules for switching attorneys can differ in each county.
What Are the Challenges When Switching Lawyers?
If you wish to change attorneys, there are some challenges that could keep the process from going smoothly. Keeping these challenges in mind can help you overcome them with the right approach.
Holding Up a Case
While Nevada has the Substitution of Counsel rule in place, the Nevada court may deny a request for change of counsel if it believes the change could prolong the case. The reason for this is that some plaintiffs or defendants may attempt to keep the case from proceeding by simply changing representation.
Paying Your Current Attorney
Depending on how far along you are in your case when you decide to change attorneys, you may need to pay the previous attorney for the effort he or she contributed to your case before switching. Typically, these legal service fees would come out of your settlement after winning your case, seeing as most personal injury lawyers charge a contingency fee.
Filing Your Case on Time
Another consideration is the statute of limitations for your case. This statute gives individuals a limited amount of time to file a case before they’re unable to seek compensation. In Nevada, the statute of limitations for personal injury cases is two years from the date of the injury or discovery of injury, meaning you can no longer build a claim or lawsuit after that two-year window.
If you haven’t started your case, and you decide to switch attorneys, keep this statute in mind, as you may wind up failing to file on time if you don’t settle for an attorney before the deadline passes.
How to Select the Right Attorney
Personal injury cases are commonplace in Nevada, with many involving injured workers that go beyond workers’ comp cases. According to data from the State of Nevada, one recent year saw 3.5 out of every 100 workers sustain work-related injuries, including those involving car accidents, slip and falls, and other instances of personal injury.
Victims in these cases will need to find the best available representation to help them recover total compensation from liable parties.
Here are some steps to take to secure the right attorney for your case:
Ask About Experience
During an initial consultation, be sure to ask about the attorney’s experience. A good attorney will have experience handling common types of personal injury cases, including slip and falls, vehicle accidents, and others.
He or she should also discuss previous cases that are similar to yours and the results that he or she got for past clients.
Learn About the Strategy the Attorney Would Take
Based on the nature of your case, your attorney should help determine which approach will work for you. Not every case is the same, making cookie-cutter strategies a red flag when discussing a legal approach.
Ask about how the attorney would move forward with your case. For example, you might ask, “Should I settle my personal injury dispute out of court or with a trial?” While most cases might settle out of court during initial negotiations, some cases could last longer and wind up going to trial.
If the attorney would like to take your case to court, ask about trial experience. The right attorney in these cases should have sufficient experience handling cases in court.
Find Out What Kind of Compensation You Can Recover
You might ask questions like, “What is the average payout for a personal injury claim?” The fact is that every case will come with different compensation amounts based on the damages and other contributory factors involved.
While your attorney may not be able to give you a clear answer as to what you can recover during an initial consultation, he or she could provide you with a clear calculation after taking into account all evidence and details.
Throughout the case, your lawyer should help calculate all economic and non-economic damages involved, helping you seek this amount via a claim or lawsuit against liable parties. A good lawyer will also continue to fight for this amount, regardless of what kind of settlement defendants offer.
Can I Switch Personal Injury Lawyers in Nevada?
In most cases, you will be able to change attorneys if you are unhappy with your current representation. However, there are some challenges and deciding factors to consider when making the switch.
Reputable, trusted Las Vegas personal injury lawyers will be able to provide fully tailored representation based on your case’s unique requirements. They’ll also be consistently transparent and communicative to ensure you’re never in the dark regarding your case at any point.
To find the right attorney from the start or begin the process of switching attorneys, contact us at George Bochanis Injury Law Offices to schedule a free consultation with our experienced personal injury lawyers.
