Home > Research Legal Advice > Car / Auto Accident > How do you go about getting a new attorney for a PIP car accident? Can y...
Asked 10 months ago - Orlando, FL
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I assume you mean a motor vehicle personal injury claim/suit where you are receiving medical benefits from PIP? You can always switch lawyers, but your first lawyer may be entitled to a lien out of the recovery for the time and value he/she put into the case. That is why on smaller cases it can be hard to find a new lawyer mid case. I don’t have enough facts to know what the issues are or if the compensation value of the claim make it possible to get a new lawyer however. I recommend you meet with the lawyer, go over all your concerns. If you are not comfortable in your representation, you should at least consult with other lawyers. As I always say to people asking about lawyers, do not hire a lawyer based on a slick TV commercial. A fancy commercial has often has little to do with quality representation. People need a quality lawyer, not a volume lawyer. Good luck.
You absolutely have the right to hire or fire any lawyer as you choose.
I would, however, ask you to consider why you are looking to switch attorneys. The process can take some time. While i agree with most of what has been posted, i suggest that you meet with your current attorney and discuss your concerns. You may find that the case is being handled properly. Otherwise, make sure you interview other attorneys so that you don't repeat any mistake.
If you find that there have been undue delays or a lack of diligence, you may be able to use that in your favor for having a "new" attorney attempt to "waive his/her (initial attorney's) lien.
In most states you have the right to change attorneys at any time in the process. Your outgoing attorney will likely be entitled to a fee for the work done to date. If this was a contingent fee case, the outgoing attorney will either have a lien on the legal fee (and thus share it with the new attorney), or could bill you hourly for the work done. See a local attorney to ask for the rules in your area.
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