In this article we outline the roles of a long-term and short-term disability lawyer, when you should reconsider the lawyer you have hired, and how to change lawyers when your relationship is not meeting to the standards you need to move forward and win your case.

When Do You Hire A Personal Injury Lawyer?

When someone obtains a lawyer for insurance claim disputes, such as for long-term disability and short-term disability, they often obtain a council identified as a personal injury attorney. This type of lawyer provides in-depth insight and legal services to those who have been injured (physically or psychologically), often as a result of a neglectful entity (such as a person, company, government, etc.) They also provide services to those who have been denied the proper leave and applicable benefits to which they can rely on for financial and social support during a time of healing, or management of an illness or disability. This can be either from an insurance company, or directly from an employer.

The ultimate job of a personal injury lawyer is to obtain the proper compensation (i.e., entitled benefits, leave, and possible damages) for the client’s claim. Whenever a lawyers competence becomes a topic of question, it is important that you review your options of firing your lawyer and obtaining legal council that can adequately represent you.

Red Flags: What to Look Out For

When you have obtained a personal injury lawyer you want to make sure that your case is handled properly and that you feel confident in the legal council you have hired. It is important that you recognized as soon as possible the “red flags” of a poor lawyer-client relationship; questioning the capabilities of a lawyer is a major warning sign.

If you find yourself having communication problems with your lawyer, such that they do not respond to your outreach through calls, emails, letters, etc., this is when you may consider that your case is not seen as a priority, or that your legal council is failing to maintain a good relationship with you. Whenever there is an instance of a poor relationship with your legal representation it is important that you consider your options to change lawyers. Never in the process of a legal claim do you want your trust to be jeopardized and you left in the dark.

During a disability insurance claim, time is of the essence, and due diligence is needed on your lawyer’s part. You are at a loss strategically and financially when obtaining a lawyer who makes you question your claim and isolates you from the process.

Be Prepared: Don’t Find Yourself Without A Lawyer

It is important that if you are considering to fire your personal injury lawyer, you make sure to have hired a new attorney to represent your case prior to the severance of the first contract. During the “in between lawyers” time, there may be certain legal filings, deadlines, court appearances etc. that are mandatory in your case and require a lawyer to be present. You do not want to find yourself in a situation where you do not have legal representation and are further scrambling to find a new lawyer to represent you.

Given that most personal injury lawyers work on a contingency fee basis (the lawyer is paid from a percentage of the final received settlement amount), it is no financial loss to you to find new legal representation before terminating your current lawyer. It also may be useful to the termination process to find new legal representation first; your new personal injury attorney can proceed to terminate the the previous lawyer-client relationship for you by drafting a letter of termination and requesting a full transfer of all case files.

• Your initial lawyer may file something known as a settlement lien in court, after termination from the case. What this means is that this lawyer is seeking a “lien on a settlement”, which may entitle them to monies after the final judgment of your case, recovering any outstanding fees they may have.

Firing Your Personal Injury Attorney

Before you make any decision or give any notice to anyone, it is important you look over the contract you have with your lawyer. In the contract there will be an outline of the terms and services, as well as any provisions that may be enforced during a possible termination of the lawyer-client relationship. If what is outlined is perceived to be reasonable, then follow suit with the procedure in the contract for termination of the client-lawyer relationship. Your decision will be solidified when you send a letter (via certified mail) to your personal injury lawyer, informing them of your intent and full termination of the attorney-client relationship. You should make sure this letter states:

• Specifically that this letter should be taken as a formal letter of termination of the relationship
• A full request and release of all case files to you (or your new legal representation if you have obtained such)
• The full address, and all contact information for where your case files should be sent (this may be your personal information, or that of your new disability attorney)
• A full refund request for the remaining balance of any payments you made in advance (if you paid a non-refundable retainer, you will not be entitled to a refund)

You should be aware of any outstanding fees, costs and/or expenses you may owe to your attorney. This amount will be due at the time your lawyer receives notice of termination. Your lawyer may legally be able to withhold all case files until this outstanding amount is paid; you do not want to put any further wedges in your case!

Contact TSF Law: Free Consultation

If you find yourself struggling with your current personal injury lawyer / disability claims lawyer, if you are seeking a better client-lawyer relationship, give TSF Law a call. Our firm is renown for its well maintained client-relationships; it is important to us that we keep ongoing communication and solidified trust throughout the entire legal claim process. From our legal team to administration, we make sure we are always there for you.