How to change your personal injury solicitor

You have the freedom to choose who handles your claim. You can change solicitors at any time during your personal injury claim and the process is very straightforward.

Insurance companies are very quick to sell information about clients who have been involved in an accident. Their details are sold to Claims Management Companies who do not have specialist knowledge and expertise.

We have taken over the conduct of many cases where medical evidence has not been analysed appropriately. Our clients would otherwise have been forced to settle for a lesser sum than they should have been awarded. We understand cases which are complex and have an excellent track record in successfully recovering compensation that accurately reflects the injuries sustained and losses suffered.

FAQs

What you need to know

Do I have the right to change my personal injury solicitor?

You can change solicitors at any time throughout your personal injury claim. You have the freedom to choose who acts on your behalf. If you are unhappy with the service you are receiving from your solicitor or you feel as though they are not contacting you sufficiently or efficiently, it may be appropriate for you to think about changing solicitors.

If you do not feel confident in your solicitor’s abilities, or you feel as though the medico-legal experts assessing you lack the necessary expertise or experience, you may want to think about changing solicitors.

Many firms use medical agencies to locate medico-legal experts and sometimes these experts do not have the necessary experience or expertise for your case.

For example, if you are suffering from Complex Regional Pain Syndrome, it is crucial to your case to have both your team of legal experts and your team of medical experts fully understand this condition.

If you do not have faith in your solicitor, it may be a good idea to think about changing, which you can do at any time. Think carefully about timings if the third anniversary of your accident is approaching and proceedings have not been issued with the court. Any delay in the transfer of your file from your previous solicitor may cause problems. Generally, it is in your interest to change solicitor sooner rather than later.
What is the procedure for changing personal injury solicitors?
Once you have made the decision to change solicitors, the process is straightforward:
- You will need to instruct your new solicitor to take over conduct of your personal injury claim.
- You do not need to speak with your previous solicitor about your decision to change.
- Your new solicitor will write to your previous solicitor confirming your instructions and requesting a copy of your files.
- Your previous solicitor will release these files subject to your new solicitor providing an undertaking confirming that they will preserve your previous solicitor’s right to claim their costs at the conclusion of your claim. This means that your previous solicitor will be assured that they will be paid for the work they have done for you.
- Your files will be sent to your new solicitor and all future contact you have will be with your new solicitor.
What should you consider if you are thinking about changing personal injury solicitors?
It is important that you have faith in your solicitor’s abilities and confidence in their expertise.
- Check whether they have a record of successfully settling claims similar to yours. If your injuries are complex, it is important that your solicitor fully understands your condition so that the right medical experts are instructed and you are given the right legal advice. If the wrong experts are instructed, it is likely their medical evidence will weaken your case.
- Check whether interim payments can be requested for you as this may be crucial in getting the right treatment arranged and paid for in advance of the conclusion of your claim.
You are entitled to instruct a new solicitor to conduct your claim irrespective of what funding arrangements are in place with your previous solicitor.