Changing solicitors in personal injury claim

We are often asked to take over a case which another law firm has been running.

There may be several reasons why you are not sure if your current solicitors are right for you.

It may be that communication between you and your solicitor is not satisfactory. Your solicitor is slow to respond to emails and never takes your call when you ring.

The person dealing with your case is changed, sometimes more than once.

Whilst any law firm may need to change the file handler, you should always feel that the new file handler is completely on top of your case.

You may feel that progress in your case is slow, that you are in the dark as to what is happening in the case or there is no clear plan as to how the case is to be taken forward and concluded.

This all can add up to an uneasy feeling of lack of confidence in the solicitors who are handling your case.

We are also often approached for a second opinion and Levenes have pursued a number of successful accidents claim that were rejected by other solicitors.

Can I change solicitors during a personal injury claim?

Levenes have taken over many cases from previous solicitors and seen those cases through to a successful conclusion.

If you are considering changing solicitors, you should note a few important points.

Levenes will be happy to have a no obligation chat about your case to see if we can help. This may set your mind at ease. You might decide that you do not wish to change and that’s fine, but if you want to change then we can explain to you what will be involved.  We cannot promise that we will be able to take over, but we will give you our honest appraisal.

What happens when you change solicitors?

Taking over the case does not mean starting the case over again.

When we take over a case, we read the file from cover to cover to understand what has been done so far and then we make an action plan on what to do next.

We will advise you if we think anything important has been missed by your previous solicitors. Examples of this may include taking statements from witnesses or instructing experts. Usually, though not always, it is not too late to put things right.

As a general rule however, the sooner we can take over the better as the longer you leave it, the harder it can be to make up for what has gone wrong.

Many clients who wish to change solicitors have been referred to their solicitors by their insurance company. They did not choose that law firm to act for them, but were initially happy that the insurance company referred them as that saved the trouble of finding their own lawyer. Whilst there are many excellent solicitors working for such panel law firms, we have had clients who just had the feeling that they were a number and not an individual client, or that the panel solicitor seemed to owe their loyalty to the insurance company instead of the client. In such situations, we have often taken over such cases.

You might have been told that you cannot instruct your own solicitor and benefit from the insurance cover. This is not true. You have the right to choose your own solicitor if you need to bring proceedings.

Costs and Fees

You have probably signed an agreement called a Conditional Fee Agreement (CFA) with the previous solicitors. Under the terms of that agreement, you can be charged by the previous solicitors if you terminate the agreement. However, in practice it is usually possible to reach an agreement for those costs to be deferred and only paid when the case is concluded, and those costs are then charged to the other side.

It is not in the interests of your previous solicitors to hold up your case by being difficult. In most cases, we can agree the terms for the transfer of the file without any costs being paid.

I want to change solicitors –what is the procedure for changing solicitors?

We recommend that you send us copies of all the letters or emails your solicitor sent along with any important documents such as medical reports.

This helps us to better understand what is happening in the case before we request the file.

We will then send you a form to sign requesting the file.

We will then approach your previous solicitors. You are entitled to refuse any contact from them once you have signed the file transfer request. 

Accident compensation claims

Seeking the expert advice of a specialist road collision lawyer can be crucial in ensuring that your claim goes smoothly and that you get the support you need to recover from your injuries.

You can trust in the experience and knowledge of our team of professional injury lawyers to ensure that you receive the maximum amount of compensation that you are entitled to.

Get in touch today and find out within 1 hour if you have a claim. Call us on 0800 048 2355 or request a call back now.