What Can You Do if You Are Unhappy With Your Injury Attorney

Posted on behalf of Jeff Pitman on August 23, 2021 in Personal Injury
Updated on February 24, 2022

upset-looking couple talking to attorneyAccident 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 877-877-2228 today.

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:

  • Ongoing failure to communicate with the client
  • Missed deadlines
  • Failing to file a lawsuit before the statute of limitations
  • Settling your lawsuit without your consent
  • 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
  • Check what other clients have to say – both on the firm’s website and other online resources
  • 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. 877-877-2228

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