Can You Change Car Accident Attorneys During an Ongoing Claim?

Yes, you can generally change car accident attorneys while your claim is still ongoing, even if settlement negotiations have already started. You may want to make a change if communication has become difficult, you have lost confidence in your attorney, or you feel your case is not receiving enough attention. Before switching, however, it is important to review your current agreement, understand any outstanding fees, and make sure the change will not disrupt important deadlines.

St. Louis, Missouri, is a major transportation hub where Interstate 70, Interstate 64, and Interstate 44 connect the city with surrounding communities. After a collision on these busy routes, an ongoing claim may involve medical expenses, vehicle repairs, lost income, and continued negotiations with insurers. If communication with the current attorney becomes difficult during this process, changing legal representation may be worth considering.

A St. Louis car accident lawyer can help explain the legal process, but it is important to feel comfortable with the professional representing the claim throughout the case. Let’s dive deeper!

Reasons to Change Your Attorney

Clients may decide to change attorneys for several reasons. Poor communication is a common concern, especially when calls and emails go unanswered or the client receives little information about important developments.

You may also consider changing representation if your attorney does not explain settlement offers clearly, fails to discuss your concerns, or takes an approach that differs significantly from your goals. A breakdown in trust can make it difficult to work together effectively.

However, a case moving slowly does not necessarily mean your attorney is doing something wrong. Medical treatment, evidence collection, negotiations, and court schedules can all affect the timeline. Before making a decision, consider discussing your concerns directly and asking for a clear update on your case.

How to Switch Attorneys

Changing attorneys usually begins with reviewing your existing representation agreement. Many personal injury attorneys work on a contingency-fee basis, meaning their fee generally depends on obtaining a recovery. Your agreement should explain how fees and expenses are handled if you end the relationship before the case concludes.

Once you decide to move forward, notify your current attorney in writing that you are ending the representation. You can then arrange for your new attorney to receive the relevant case file, including medical records, accident reports, correspondence, photographs, and insurance documents.

Your former attorney may have a claim to fees or reimbursement for expenses, depending on the agreement and applicable law. These issues should be clarified before the case settles whenever possible.

Will Changing Lawyers Delay Your Claim?

Switching attorneys may cause some delay while the new lawyer reviews the file and becomes familiar with the evidence. The effect depends on how far the claim has progressed and whether deadlines or court dates are approaching.

If a lawsuit has already been filed, additional procedural steps may be required to update the court’s records. Your new attorney will need to confirm upcoming hearings, discovery deadlines, and other obligations to avoid unnecessary complications.

Under Missouri Revised Statutes § 516.120, many personal injury actions are subject to a five-year limitation period, although exceptions and other rules may apply depending on the circumstances. Changing attorneys does not restart the filing deadline, so it is important to confirm the applicable time limit before making the transition.

Protecting Your Claim During the Transition

Before switching attorneys, gather copies of important documents and prepare a list of questions about the claim’s current status. Ask whether settlement offers are pending, whether any deadlines are approaching, and what evidence still needs to be collected.

You should also discuss legal fees with both attorneys so you understand how the transition may affect your recovery. Do not assume that ending one attorney’s representation eliminates all potential financial obligations under the original agreement.

A careful transition can help maintain progress while ensuring that your new attorney has the information needed to continue the case.

Key Takeaways

• You can generally change car accident attorneys during an ongoing claim.
• Review your representation agreement before ending the relationship.
• Your former attorney may be entitled to fees or expenses under the applicable agreement and law.
• Switching lawyers may cause some delay, especially if a lawsuit is underway.
• Filing deadlines remain important even when you change legal representation.