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  • Writer's pictureJohn Larrimer

How to Fire a Workers' Comp Attorney Without Damaging Your Case

Injured workers may be able to claim workers' compensation benefits to cover the cost of medical treatment, lost wages, and other expenses- but when the lawyer's actions cause them to lose confidence, they may wish to change their representation. 

Firing an attorney- even for legitimate reasons- can be complicated and potentially damaging, so it is important to think things through and weigh up options.

Why Fire a Workers' Compensation Lawyer?

Why Fire a Workers' Compensation Lawyer?

Firing a lawyer from a worker's comp case is not always the right choice, but some circumstances suggest a person may be better off going elsewhere. Some reasons to fire your workers' comp attorney include:

  • An obvious lack of experience or understanding regarding worker's compensation laws

  • Poor communication- such as not answering phone calls or replying to messages and emails

  • Lack of transparency and withholding of information about the case and its progress

  • Improper handling of sensitive or confidential information

  • Being asked to do something that makes the claimant feel uncomfortable

  • Unfamiliarity with the case and its details- such as getting names, dates, and details wrong during communications

Why Decide Against Firing a Workers' Comp Lawyer?

Most attorneys are hard-working and motivated to win cases for their clients. They can advise on an average settlement for a torn labrum claim as well. The fact that things are moving slowly is not necessarily a reason to fire them. It may not be the lawyer's fault that a case is taking a long time- it is sometimes unavoidable in workers' compensation claims. 

Getting frustrated with an attorney because things are not going as quickly as desired can lead to rushed decisions that may not be in the claimant's best interest.

One of the primary reasons to reconsider firing a workers' comp lawyer is how difficult it can be to find new representation. The new attorney will earn less money because the fees are split, so they may not want to take on a case that is near completion or only has a small expected settlement.

Before making a decision, consider if the problem is really the attorney- or if it is something unavoidable due to the legal system. 

Things to Consider Before Firing a Workers' Comp Attorney

Will Firing a Workers' Compensation Attorney Cost More?

Switching lawyers should not cost a person any more than one attorney. Despite the additional time and effort involved in finding new representation, the fee owed at the end is the same. Legal fees are split between the two parties based on the length of time they represent the claimant. 

Could Firing a Lawyer Hurt a Workers' Comp Case?

While changing lawyers should not directly hurt a case, it can make the process take longer. Workers' compensation claims can take months to resolve, and a change of attorney in the middle can extend it even further.

However, as long as there is open communication between all parties- and the previous lawyer hands over what relevant information they have- hiring a new lawyer should not damage the chances of a successful outcome. 

Where it can become a problem is if a person fires their first lawyer and cannot secure new legal representation. It is important to confirm a new lawyer before you officially fire your worker's comp attorney.

Might It Affect Getting a New Workers' Comp Lawyer?

Sometimes, it can be difficult to convince a good lawyer to take over a workers' compensation case after firing the previous one. This is because the attorney fees are split between the firms. When multiple attorneys work on the same case, their earning potential is reduced. Fees are paid in relation to the time spent on the case- not how much work they do. 

So, if the new lawyer does most of the work getting the case across the finish line- but does it in a short space of time- the fired attorney's fee may be higher. This is one of the most common reasons many attorneys are reluctant to take over if the court date is close.

How to Fire an Attorney from a Workers' Compensation Case

There are state-specific rules regarding the dismissal of legal defense, so it is important to find out what documentation is required to complete the process correctly. If state guidelines are not followed, it could cause complications. 

Usually, the claimant must inform their current workers compensation attorney in Columbus in writing that they intend to end the relationship. That must be followed up with the required forms for an official dismissal of legal counsel. 

How to Find a New Attorney for Workers' Comp Cases

How to Find a New Attorney for Workers' Comp Cases

  • Consider how much time is left on the case. The earlier in the process the change of lawyer happens, the more chance there is of securing a new attorney.

  • Think about the expected settlement. Laying out the total potential size of the settlement can help find a suitable attorney who is willing to finish the case.

  • Be organized and have the case details ready for examination by the prospective new lawyer.

  • Think about what the issues were with the previous lawyer and avoid falling into a similar situation.

  • Look for an experienced lawyer with a track record of success in workers' compensation cases.

  • Understand the potential barriers when searching for a new attorney, and be prepared to overcome them. 

  • Arrange a free consultation to get a feel for the type of service to expect.

Advice for Finding a Good Workers' Comp Attorney

Look for a law firm with knowledgeable and experienced attorneys who have worked with workers' compensation cases before. Communication is key- so pay attention to the consistency and reliability of a team. They can also help answer questions such as Can Uber and Lyft drivers file for workers’ compensation?

The attorney-client relationship is crucial, and first impressions count. Don't discount the gut feeling when meeting a potential new lawyer. Ask to see the plan of action and prioritize organization and transparency.

Contact Larrimer & Larrimer Today for a Workers' Comp Lawyer You Can Trust

Work with an experienced workers comp lawyer from Larrimer & Larrimer for a reliable and stable attorney-client relationship. This team of experts is dedicated to providing excellent service and impeccable representation from day one and will fight for clients throughout the process.

Arrange a free consultation today with no obligation to discuss a case and how to proceed with a team that cares about your claim. 

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