How To Change Your Personal Injury Lawyer In New York

Can I Change My Personal Injury Lawyer in New York?

Yes. You can change to a new personal injury lawyer in New York at any time, for any reason, and as many times as you want without any extra cost to you.

Note: If your accident happened in New York you must have a personal injury lawyer in New York. Sometimes, other lawyers will take your case because you have a big injury and they think they can get a quick settlement but they will either screw up your case or settle for pennies on the dollar. If you’re being represented by a lawyer from another state, call us now. Many of our clients were previously represented by a lawyer from another state and called us to find out how they can change their lawyer to us.

3 Tips on How to Change Your Personal Injury Lawyer in New York

TIP: Get a free consultation with another personal injury lawyer for a second opinion before you fire your current personal injury lawyer.

Although you are allowed to change your personal injury attorney, you may not be able to find another personal injury lawyer willing to take your accident case. That’s why you should get a second opinion before you fire your current personal injury lawyer.

TIP: If your personal injury lawyer is dropping your case, call other personal injury lawyers but don’t tell them your lawyer doesn’t want to represent you anymore. That’s a big red flag to personal injury lawyers and they will likely not want to consider your case.

TIP: If you already changed your personal injury lawyer and are trying to change your personal injury lawyer again to a 3rd lawyer, it may be more difficult unless you have a very valuable personal injury case. The reason is that while it will not cost you any extra money, each of your previous lawyers is entitled to part of the legal fee, leaving less for your last lawyer.

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Can I Change My Personal Injury Lawyer Before Settlement?

Yes. Even if your already lawyer got a settlement offer but you don’t think the settlement offer is enough, you can still change your lawyer to a new personal injury lawyer. As long as you didn’t sign a settlement release, you can change your personal injury lawyer at any time.

My first personal injury case was for John who I met while working part-time at ABC Monday Night Baseball and Wide World of Sports. John was a graphic artist and had a neck injury from a hit in the rear car accident. Two cars hit him in the rear. The rear car had a $300,000 State Farm insurance policy and the middle car had two insurance policies, one for the owner and one for a repair garage that was working on the car. An unauthorized driver was driving the car for the repair shop so its insurance denied the claim.

His lawyer never tried to get settlement offers from the middle car. He did get an insurance company settlement offer of $75,000 from State Farm for the rear car and recommended that John take the offer but John wasn’t happy with the settlement offer and asked me what I thought. I told John I would like to represent him.

After I took his case, I got a settlement offer of $300,000 another $10,000 from the middle car’s insurance (the entire minimum insurance at that time), and another $10,000 from John’s uninsured policy (the entire minimum insurance at that time).

John’s previous lawyer never filed an uninsured claim and by the time I got the case, it was too late. I filed anyway and still got the entire insurance policy.

John used his personal injury settlement money to buy a house. I used my legal fee for a deposit on my house.

Can I Get a Second Opinion From a Personal Injury Lawyer?

Yes. People frequently get a second opinion from another doctor. It’s the same with lawyers and personal injury lawyers don’t charge a fee for a consultation or a second opinion.

You Think You Hired the Wrong Personal Injury Lawyer in New York

Often you liked the personal injury lawyer when you signed the retainer but afterward, the lawyer doesn’t seem interested in you or your case and the lawyer won’t communicate with you anymore.

12 reasons people change their personal injury lawyer:

  • My lawyer doesn’t return phone calls, emails, or texts and I cannot get to speak with my lawyer.
  • I only get to speak to my lawyer’s secretary.
  • I can’t find out what’s going on with my case.
  • I’m not getting my No-Fault disability checks and my lawyer isn’t helping.
  • I get the feeling that I am bothering my lawyer.
  • My lawyer actually said, “I’m too busy to handle your case”.
  • My lawyer is rude.
  • My lawyer wants me to settle my case for too little.
  • My lawyer doesn’t want to take my case to trial.
  • My lawyer isn’t interested in my case.
  • My lawyer doesn’t seem to know me or my case when I call.
  • My lawyer doesn’t want to represent me anymore.

We recently became the second law firm for a client because he was unhappy that Cellino & Barnes wanted him to settle his accident case for $25,000. We settled his case for the entire $100,000 insurance policy.

See the New York State required Statement of Client’s Rights

What Should I Do if My Personal Injury Lawyer Doesn’t Want to Represent Me Anymore?

Surprisingly, we get a lot of calls from people who said their personal injury lawyer said he or she doesn’t want to represent them anymore.

4 reasons that your lawyer may tell you to get another lawyer:

  • Your lawyer doesn’t get along with you.
  • Your lawyer no longer thinks you have a good case.
  • Your lawyer disagrees with you about how much your case is worth.
  • Your lawyer wants you to settle for a lot less money than you want.

Now that you know how to change your personal injury lawyer, if your personal injury lawyer told you that he or she doesn’t want to represent you anymore, call us now!

Will It Cost Me More Money to Change My Personal Injury Lawyer?

No. Your legal fee will remain the same at 1/3 of what the personal injury lawyer gets you, no matter how many times you change your personal injury lawyer.

We will work out with your previous lawyer how much of the 1/3 legal fee will be paid by us to your previous personal injury lawyer.

How to change your personal injury lawyer and get enough personal injury settlement money to fill these money bags

Will Changing Lawyers Hurt or Delay My Personal Injury Case?

No. Another lawyer will probably be able to get you more money and maybe even quicker. If you are unhappy with your current lawyer it’s probably for a good reason. The sooner you get a new personal injury lawyer, the better it will be for you.

Do I have to Call My Personal Injury Lawyer to Change Lawyers?

No. Your new personal injury lawyer will contact your previous personal injury lawyer to arrange to transfer your file.

Should I Call Another Personal Injury Lawyer if a Lawyer Didn’t Want My Case?

Yes. You should always get a second opinion if you went to a personal injury lawyer who did not want your case or after taking your case your personal injury lawyer no longer wants to represent you.

We represented many personal injury clients who were turned down by other personal injury lawyers.

We settled a car accident case for $750,000 for a client in the Bronx who had back pain and went to a lawyer who didn’t want the case until she got some medical treatment. If that lawyer took her case, she probably wouldn’t have been happy with him and he probably would have settled it for $15,000.

What Should I Do Now?

Now that you know how to change your personal injury lawyer in New York, just call us or give your name and number to the operator in the chat window for a free second opinion with no pressure.

If you sign a retainer with us, we will contact your personal injury lawyer and arrange everything. You won’t have to speak with your lawyer or do anything!

See more answers to FAQs

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Attorney Franckel is a well-known personal injury lawyer, Founding Partner of 1-800-HURT-911® New York, and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10  Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and other awards. See Mr. Franckel’s bio.

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Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

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