When you are pursuing a personal injury claim, choosing the right solicitor is key. Having the right solicitor can affect whether you win or lose, as well as the amount of compensation you receive.

If you think you’ve made a mistake with your choice of solicitor, the good news is that you aren’t stuck with them. It is possible to change solicitors if you aren’t happy with your current law firm.

Changing your solicitor is not always straightforward, but if your claim is complex and of potentially high value, it can make a significant difference to the outcome.

If you aren’t satisfied with how your solicitor is handling your personal injury, medical negligence or workplace accident claim, we can help.

Read on to find out more about changing solicitors during a personal injury claim, or contact us today if you'd like us to take over your case.

 

Frequently asked questions about changing solicitors halfway through a claim

Switch to Thompsons Solicitors

Call us or request a call back today to discuss changing solicitors to Thompsons.

What are the common reasons for changing personal injury solicitors?

  • You are unhappy with the level of communication and general delays to your compensation claim
  • You are dissatisfied with the quality of the legal advice
  • Your existing solicitors lack the expertise to handle your complex/high-value case (e.g. for brain injuries, spinal injuries or asbestos claims)
  • You don’t think the lawyer dealing with your case can get you the compensation you deserve.

 

If you are experiencing any of these issues, or have any other problems with your solicitor, request a call back to discuss how we can help.

At Thompsons, we frequently take over cases for people who are unhappy with the law firms they first instructed.

Many of the people who ask us to take over their case have made a claim through their insurance policy, and their insurer has referred them to a firm on their ‘panel’. Unfortunately, the lawyers on these panels are often inexperienced when it comes to dealing with cases of significant value or sensitivity.

When the client realises that the lawyer their insurer recommended is unsuitable, they contact Thompsons because of our reputation as experts in securing personal injury compensation. You can read more information about why people switch to Thompsons here.

 

When is it too late to change solicitors during a claim?

You should be able to change your solicitor at any point during your case, however we always recommend you make the change as soon as possible. The sooner your new solicitor can get up to speed with your case and start work, the sooner you can see a resolution.

If you are considering changing personal injury solicitors, it is especially important to act quickly if no court proceedings have been issued yet. This is because you only have three years to make a personal injury claim in England and Wales.

If you miss the deadline, your claim will be statute-barred, meaning you cannot receive compensation for your damages. There are some exceptions to this rule for cases involving children and those who do not have the capacity to manage their own claim – speak to a lawyer to find out if this applies to your case.

 

How do I change solicitors?

There are three easy steps you need to take:

  1. Speak to your new proposed solicitor and arrange to meet with them if you can. Your new solicitor should speak and/or meet with you on a free, no obligation basis.
  1. If you want to go ahead with switching and your new solicitor is happy to take on your compensation claim, they will then need to agree with your existing solicitor how any legal fees you have incurred to date will be dealt with. You can find out what usually happens with fees when you switch solicitors here.
  1. Once the issue of any legal fees incurred to date has been resolved, your new solicitor will send you a ‘form of authority’ to complete and sign. This simple document will then be sent to your previous solicitor, who will then authorise the release of your claim paperwork to your new solicitor.

 

Will I still have to pay fees to my old solicitor?

Your old solicitor may need to be compensated for the work they have done – but usually only when you win your case, and your new solicitor should take care of this for you.

It is rare for people to pay solicitors upfront on a retainer basis for personal injury claims. Most personal injury and clinical negligence cases are handled on a ‘no win, no fee’ basis – also known as a conditional fee agreement. This means that you have no upfront costs, and your solicitor only receives a fee following a successful compensation claim.

Alternatively, you may be covered through a personal legal expenses insurance policy, or you may be a member of a trade union which helps fund your case.

If you want to move law firms, your original solicitor should accept what is known as a ‘lien’ on costs, meaning that they will recover their fees and any outlays from your new solicitor when your claim is settled and your new solicitor is paid by the defendant.

It is very uncommon for a solicitor to ask for their fees to be settled prior to transferring your case to your new solicitorthis would add insult to injury at an already very stressful time for you.

 

Why switch to Thompsons?

  • We only ever represent the injured or mistreated – never insurance companies or employers
  • We’re transparent about our fees, and offer ‘no win, no fee’ arrangements so everyone can access a specialist personal injury solicitor
  • We’re specialists in personal injury claims - The Times has listed us as one of the UK’s best personal injury and clinical negligence solicitors for four years in a row
  • We provide access to rehabilitation, medical care and other support services
  • Wherever we can, we secure interim payments to ease the immediate financial impact of a personal injury
  • We fight and win personal injury cases that other law firms turn down.