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When Should I Get a Second Opinion from a Personal Injury Lawyer on My Case?

Choosing the right personal injury lawyer for your case can be the difference between winning and losing. When you decide on your attorney, you trust that they will treat you and your case with respect and dedication, but many times, attorneys do not provide the client care you expect. In these situations, seeking a second opinion from a personal injury lawyer in California can help you get your case back on track.

Why Would I Need a Second Opinion from Another Lawyer?

An injured person may seek a second opinion from a different personal injury lawyer for several reasons. If they find their attorney is not performing to their expectations, is not communicating well, or has not completed work that was promised, a client would be well within their rights to get a second opinion from a different lawyer. They also may feel their current attorney doesn’t treat them well or their personality is simply not a good fit. Alternatively, if a client was rejected by another lawyer or their first lawyer claimed the case value was lower than expected, they can ask another lawyer. Whatever the reason, clients can always get a second opinion.

Am I Legally Bound to My First Attorney?

The only legally binding document between lawyers and clients is the retainer. As a client, you sign a retainer after a consultation when a personal injury attorney agrees to take your case. Though retainers are legal documents, they also often include provisions on separation or second opinions if the client is unsatisfied with their representation. If you have signed a retainer with your current attorney and want to get a second opinion from a different lawyer, you can always do so, but you will likely owe your current attorney for the work they’ve done on your case.

What Should I Do If I Want to Switch Attorneys?

If you want to switch attorneys after getting a second opinion, you’ll first need to inform your current attorney in writing. Firing an attorney is never a comfortable or easy experience, but you deserve to work with a lawyer that will treat you well. Submit a formal letter to your attorney’s office informing them of your intent to terminate their services and request a copy of your case file to provide for your new attorney. Once you receive the case file, give it to your new attorney so they can begin working. Remember: you may still owe your old attorney fees for work completed, even if you’re on a contingency basis.

Frequently Asked Questions

How long do I have to get a second opinion from another personal injury lawyer?

You can get a second opinion from an attorney at any time during your case, up to settlement or verdict. Most know that they do not want to work with an attorney well before their case ever sees a courtroom, though.

Can I ever use my first attorney again?

Professionally speaking, you should always be able to return to your old attorney for another case matter. However, some attorneys may take a termination personally. If you found your first attorney did not perform to your standards, you may be better off finding another go-to, regardless.

Do I still owe my first attorney money if I get a second opinion from another lawyer?

Yes. If your old attorney did work on your case, you still owe them for services rendered, even if you agreed not to pay until settlement. In these cases, if you choose to retain a new attorney, your old attorney may request immediate payment for their work performed or they may have first claim to your settlement, even before your new attorney. Your retainer will likely outline specifics of early termination of services.

How to Get a Second Opinion on Your Case From BD&J

You deserve to be taken seriously. At BD&J, our team of personal injury lawyers will always provide a second opinion on your case, no matter the reason. We operate on the pillars or integrity, communication, and experience to best serve California clients in all their personal injury matters. Here’s how to reach out about a second opinion from our lawyers.

  1. Schedule a free consultation. Using the form on this website or by calling, contact our team to set up a free consultation to receive your second opinion.
  2. Gather your evidence of damages. When you meet with an attorney for your second opinion consultation, present your damages and story, ensuring you state all the facts.
  3. Inform your old attorney of your switch. If you choose to go with BD&J, inform your attorney as soon as possible of your decision. Then, collect your case file so our team can begin working on your case immediately.

Helping Clients Across California Get What They Deserve for Their Injuries

For more than 20 years, BD&J has been providing excellent representation to injured California clients. Our roster of accomplished personal injury attorneys has recovered more than $2 billion for clients throughout California. If you need a second opinion on your case, let us help. Contact us by completing the form or calling 24/7.