What Can You Do if You Are Unhappy With Your Injury Attorney
Jeffrey A. Pitman · August 23, 2021
Jeffrey A. Pitman
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Accident victims trust personal injury attorneys to protect their interests and seek the compensation they need. However, what happens if you are unhappy with your attorney and think he or she has hurt your case?
If you have been injured by another’s negligence, it is only natural that you will have a lot of questions about any attorney you consider hiring. PKSD discusses more about this important topic below.
Our Milwaukee personal injury lawyers have extensive experience handling all types of cases for injured victims, and we have a long and successful track record. Call today to get answers to your legal questions and find out if you have a case.
Initial Case Reviews are FREE. Call 414-333-3333today.
Do Attorneys Have An Established Standard of Conduct?
Attorneys are held to an established code of conduct – both from a professional and ethical standpoint. Most licensed attorneys are both qualified and careful to adhere to this code of conduct. Even when mistakes are made, they can often be worked out without causing the client harm.
However, in some especially grievous cases, attorneys may damage a case because of negligence or incompetence.
Serious Attorney Errors That May Hurt Your Claim
A serious attorney mistake is not just something as simple as failing to call a client back. In some situations, a serious or grievous error may occur that results in legal malpractice, such as:
Taking another case where there is a conflict of interest
Breaking attorney-client privilege
Giving legal advice that is inaccurate
Incompetence
Errors in legal documents
How You Can Protect Your Interests if This Happens
If your attorney makes some serious errors – either out of incompetence, a lack of experience, or negligence, you may need to take action to protect your interests, such as:
Trying to work it out with the law firm – If the attorney on your case is incompetent, but you still have confidence in the firm, you may be able to get the firm to switch the attorney handling your case to one with more experience.
Switching law firms – If a lawsuit has not yet been filed, you may be able to contact another law firm to handle your case. However, this can get extremely complicated since personal injury lawyers are not hired by the hour, but on contingency. This means they fund the money for your case up front and get paid only when they obtain a recovery or jury verdict for you. What happens to the funds already advanced to you? That attorney is likely still entitled to recoup those funds. If you change law firms, your first attorney may file a lien against any compensation you are awarded to recover what was already paid out. Be aware also, that sometimes the court will not allow you to change attorneys once the lawsuit has been filed.
Filing a lawsuit for legal malpractice – This option is the most drastic option – and one to avoid if you can. Many other law firms may want to avoid taking on a case where a lawyer has been fired. Additionally, your new attorney will also need to prove that your first attorney failed in his or her duty to you and how that negligence caused you to suffer financial damages.
How to Avoid Hiring an Incompetent or Negligent Attorney
While there are steps you can take after hiring a negligent attorney, avoiding this problem altogether is better. To help ensure you hire a qualified attorney, here are some steps you can take:
Research leading personal injury attorneys with a proven track record handling cases like yours
Investigate how long the firm has been in business and the attorney’s individual experience
Schedule a free case review with the attorneys you are considering – this is your chance to get to know them
Get references from friends who have used a personal injury attorney before and had a good experience
Read any contract an attorney gives to you – before you sign it – and make sure they explain it to you fully
Contact PKSD. A Law Firm You Can Trust
At PKSD, we treat our clients’ cases as if they were our own. We work hard to investigate each case thoroughly, gathering strong evidence to support each claim, and fighting hard for the maximum amount of compensation.
Injured by another’s negligence? We have the staff and resources to protect your interests. Learn more about how we help our clients in the free case review we offer. There is no obligation to hire our services. If we do take your case, there is nothing to pay up front. We do not get paid unless you do.
PKSD. Trusted Lawyers. Millions Recovered. 414-333-3333
If you or a loved one has been seriously injured, please fill out the form below or call us at (414) 333-3333.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Jeffery A. Pitman, who has more than 28 years of legal experience and handled thousands of personal injury cases while obtaining millions of dollars in verdicts and settlements in Wisconsin.
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PKSD is a Milwaukee personal injury law firm dedicated to helping injured individuals. We take a hands-on, client-focused approach and work closely with the people we represent from start to finish. We are committed to providing responsive service and strong legal advocacy when it matters most.
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PKSD proudly serves clients throughout the state of Wisconsin. We represent individuals and families in Milwaukee, Madison, Green Bay, Appleton, Eau Claire, Wausau, and surrounding areas. No matter where you are located, our team is ready to help.
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