Is It Too Late to Change Lawyers on Your Texas Injury Case?

Maybe months have passed since your accident. The paperwork keeps piling up, an insurance offer may already be on the table, and you are wondering whether it is too late to bring in a different lawyer.

In Texas, you can change lawyers on your injury case at almost any stage, but timing matters. A switch can also bring a closer look at your claim, whether your case involves a car wreck, a commercial vehicle crash or another catastrophic injury.

Fees and Second Opinions

Texas Lets You Change Lawyers for Any Reason

Texas law gives you the right to choose your lawyer and to let that lawyer go for any reason, or for no reason at all.

Switching firms usually costs you nothing extra. My firm is almost always able to reach a friendly agreement with your former attorney to split one fee. If your attorney hasn't broken your contract and you don't have good cause to end it, Texas law does give that attorney certain rights to a fee. When the two firms can't agree, my Arlington team can advise you on getting help from the Tarrant County Fee Arbitration Committee.

Before you make a change, I recommend meeting with your current attorney to talk through your concerns. Sometimes the problem is an honest misunderstanding, and your attorney may be willing to change how your case is handled or how they communicate with you. If you still can't work things out, moving your case may be the right decision.

If you are not ready to decide, start with a second opinion. I offer them free of charge, and I may be able to advise you on how to repair the relationship with your current lawyer.

Early, Mid-Case or in Litigation

Changing Lawyers at Each Stage of a Texas Injury Case

Early in Your Claim

If your case is still in the early stages and no lawsuit has been filed yet, switching is simple because there's nothing to file with a court. Most Texas personal injury lawsuits must be filed within two years, so the earlier you switch, the more of that time your new lawyer has to work on your case.

After You Receive a Settlement Offer

Texas ethics rules give you, the client, the decision on whether to accept a settlement offer. I run my practice on that same principle. My job is to give you advice and candid recommendations, and the final decision on an offer belongs to you.

If your attorney is recommending an offer you strongly feel is too low, a conversation with me can help you understand whether your claim may be worth more than what you are being advised to accept.

After a Lawsuit Has Been Filed

Once your case is in a Texas court, changing lawyers involves one more step. Under the Texas Rules of Civil Procedure, the departing attorney must file a written motion with the court.

When a new lawyer is stepping in, that motion names the new attorney, confirms that you approve the change and states that the change isn't being made just to delay the case. After the court grants it, your former attorney must tell you in writing about any settings or deadlines you haven't already heard about, so those dates move with your case.

When It Can Be Too Late

There are a few points where a switch can no longer help. Once you sign a release, your claim is generally over, and a new lawyer usually can’t reopen it. An agreement to settle can also be binding before anything is signed, so talk to me before you say yes to an offer, not after. If the two-year filing deadline passes without a lawsuit, a new lawyer can’t revive the claim. And once a trial date is close, the judge has discretion over a substitution. A court may deny one, or refuse to push back the trial, if the change would cause delay. If you are having doubts, don’t wait. The earlier you get a second opinion, the more options you have.

Damages, Coverage and Fault

What a Fresh Look Can Examine

Your Full Range of Damages

Texas law separates economic damages from noneconomic damages. Economic damages cover actual financial losses, such as medical bills, lost wages and reduced earning capacity.

Noneconomic damages cover physical pain, mental anguish, physical impairment, disfigurement and loss of enjoyment of life. I explain both in more detail in my guide to what an injury case is worth. 

Your Medical Care

Gaps in treatment give insurers room to argue that an injury was minor, which is why ongoing medical care matters so much to a claim. My firm can help coordinate your care, including through letters of protection.

Every Insurance Policy That Applies

Texas insurers must include uninsured and underinsured motorist coverage in auto policies unless the named insured rejected it in writing. When the at-fault driver carries low limits, the UIM coverage on your own policy may be another source of recovery. The same coverage can come into play after a hit-and-run. 

Assignment of Fault

Texas reduces your damages by your percentage of responsibility for the accident. If you are found more than 50% responsible, you cannot recover at all, and even a small shift in the percentage assigned to you changes the amount you can recover.

what to expect

How the Handoff Works When You Switch to My Firm

The first step is a free consultation at my Arlington office, where I evaluate the merits of your case. If you decide to move forward, I request your file from your previous lawyer and handle the entire handoff.

Your case also gets a full team, including my colleague Greg Jackson, who is also board-certified in personal injury trial law. My staff includes licensed claims adjusters and a degreed client care coordinator. You receive copies of case correspondence, and we can meet by phone, by Zoom, or in person.

Many of my cases are referred by other Texas lawyers, who send me their toughest files. My fee is one-third plus case expenses before litigation, and 40% if litigation is required.