Category: Personal Injury

You can switch personal injury lawyers if you feel it’s the right decision for your case. Even if you have a contingency fee agreement in place, you might owe your previous attorney for the work they’ve done up to that point. Before switching attorneys, review your current agreement with your lawyer to ensure there are no outstanding financial obligations, such as unpaid fees for services already rendered. 

Regardless, if you’re not satisfied with the legal representation you’re receiving, this shouldn’t stop you from hiring a new lawyer. The following five situations could be a sign that you need to switch to a new personal injury attorney:

1. Poor Communication

You deserve to receive regular updates on the progress of your personal injury case, particularly when a significant development has occurred. It can be frustrating to chase an attorney for an update on a case only to receive a one-word reply when you ask what is happening with your personal injury claim.

A lack of communication could indicate several problems. For example, your attorney may be too busy to devote the time your case requires, or there could be an issue with your case that the attorney does not want to deal with.

2. Conflict of Interest

A conflict of interest arises when an attorney has a pre-existing or current relationship with a party that could result in an adverse interest for a client. For example, perhaps your attorney previously represented one of the defendants in your case, or your attorney owns a share in the company you are suing. A conflict of interest can create a situation where an attorney does not act in the client’s best interest.

3. Inadequate Experience

Discussing an attorney’s experience before hiring the law firm is always good. Ideally, an attorney should have extensive experience handling cases involving the same issue as your case.

For example, if your case involves a slip and fall accident, search for an attorney with experience handling premises liability claims. On the other hand, if you were in an accident caused by a commercial truck, you want to hire a law firm with a successful track record of pursuing truck accident claims.

4. Missing Deadlines

Many personal injury cases are settled through negotiations with insurance companies and the other parties. However, some cases may require litigation. The statute of limitations for your case is a strict deadline. You could lose the right to pursue a legal claim if you miss the filing deadline.

Thus, if you notice that your attorney is missing deadlines now, it could indicate that they might miss other critical deadlines. 

5. Lack of Progress

A personal injury case can take several months to resolve, and some cases could take more than a year to settle. The timeline depends on the factors involved.

Possible reasons why a personal injury case may be moving slowly include:

• You sustained severe injuries and have not completed medical treatment.
• There are disputes regarding the cause of an accident.
• Your attorney has hired expert witnesses to evaluate a specific issue in your case.
• The insurance company has not completed its investigation.
• There are disputes related to the value of your damages.
• The court schedule is busy, and your case has not come up for a hearing yet.

However, if your case stalls without a valid explanation, it could indicate a problem with your attorney. Your lawyer may not have a solid legal strategy for your case, or they may ignore your case in favor of working on other cases.

It could be time to switch attorneys if your attorney cannot explain why your case is not progressing.

Don’t Hesitate to Talk With Another Personal Injury Lawyer

There could be other problems you encounter with a personal injury case. For example, your attorney may pressure you to accept a low settlement offer, hand your case to an assistant, or refrain from answering your questions. If you feel uneasy or have doubts about your attorney, it is time to ask for a second opinion. 

Hiring the right personal injury lawyer can make a significant difference in the outcome of your case. If you are unsatisfied with your current lawyer and attempts to resolve the issue have failed, schedule a free consultation with another personal injury attorney. 

You know that if you are hurt in an accident, you can file a claim against the individual who harmed you. But what happens when a business entity is responsible for your personal injuries? How are your rights affected? Can you sue the business? You may be able to, but pursuing a personal injury lawsuit against a business can be more complicated than it would be against an individual. 

Personal injury attorneys can help you navigate the complexities of suing a company and recover the compensation you deserve.

When Are Businesses Liable For Personal Injuries? 

Businesses may be legally responsible for personal injuries in various situations, including those that involve:

Vicarious Liability 

Vicarious liability is the legal concept that holds employers responsible for the actions of their employees. For example, if an employee is working at the time of a car accident, their employer may be held legally liable for the resulting damages. 

Their Own Negligence 

Businesses can also be responsible for their own acts of negligence. For example, they may have negligently hired unqualified or dangerous staff. 

A negligence claim requires showing that the defendant owed a legal duty to act in a certain way, breached that duty, and caused injuries, which resulted in damages. 

Damages may include losses such as:

• Medical expenses
• Costs to repair or replace your damaged property
• Lost wages
• Reduced earning capacity 
• Pain and suffering
• Loss of enjoyment of life 

Keep all documentation related to your losses to help prove your claim.

Failure To Maintain the Premises 

Businesses can also be held responsible for injuries that occur on their property. Business owners have a legal duty to maintain their premises in a safe condition that prevents injuries to visitors. If they fail to uphold this duty and someone is hurt as a result, the business may be responsible for those injuries under premises liability laws.

For example, customers who enter a store reasonably expect that they can shop on the premises without being injured. 

Businesses could potentially be sued for injuries caused by conditions such as:

• Wet or slippery floors
• Missing or broken steps
• Cracked pavement
• Cluttered aisles
• Insufficient lighting
• Inadequate security 
• Failing to place warning signs near a hazard

An experienced personal injury lawyer can review the situation and determine if the business failed to maintain the premises.

What To Do If You’re Injured At a Business

If you’re injured in a situation in which you believe a business was responsible for your injury, there are steps you can take to protect your legal rights, including:

• Reporting the accident to the business owner
• Seeking prompt medical attention 
• Taking photos or videos of the accident or factors that contributed to it
• Asking witnesses for their contact information 
• Keeping all of your medical records and documents related to the accident
• Filing an insurance claim

It can also be helpful to write down a brief summary of how the accident happened while your memory is fresh. An experienced personal injury attorney can help with your claim. 

How To Prove That a Business Is Responsible For Your Injury

In order to prove that the business is liable for your damages, you will need strong evidence. For example, in cases caused by a failure to maintain safe premises, you will need to demonstrate that the business owner knew or should’ve known about the dangerous condition and failed to remedy the problem.

Evidence that may help establish this information might include:

• Accident or police reports
• Witness statements
• Photos of the accident scene
• Video footage from surveillance cameras, witnesses, or traffic cameras
• Property damage reports
• Personnel and maintenance records

Reach out to an experienced Fort Worth personal injury attorney for help gathering and preserving this evidence.