Few things are more discouraging than putting your trust in a personal injury attorney only to feel ignored, unsupported, or left in the dark. After a serious accident, you deserve strong legal representation that gives you confidence your case is being handled properly. When your lawyer stops communicating or doesn’t fight for your best interests, it’s natural to feel frustrated and even betrayed. Don’t put up with poor treatment—you deserve the best personal injury lawyer in San Jose.
Below, we’ll walk through common red flags that may signal it’s time to change your injury lawyer and explain how your rights protect you if you decide to seek stronger representation.
Page Contents
Red Flags Your Lawyer Isn’t Fighting for You
Knowing when to step back and evaluate your relationship with your attorney can protect your case. While every lawyer has their own style, there are clear signs that something is wrong, such as:
Lack of Communication
A lack of communication is one of the most common complaints about a bad personal injury lawyer. If your attorney fails to answer emails or leaves you waiting weeks for basic updates, that’s a serious red flag. Clear and consistent communication is a fundamental part of legal representation.
No Clear Strategy
Another warning sign is when your lawyer cannot explain the plan for your case. If you’re left guessing about timelines or the reasoning behind settlement offers, you’re not receiving the advocacy you deserve. A personal injury lawyer should be able to outline strategy and keep you informed of changes as your case develops.
Missed Deadlines or Inaction
Sometimes a lawyer’s inattention becomes clear when deadlines are missed or your case seems to stall for no reason. Not only does this jeopardize your personal injury claim—it can permanently damage your ability to recover compensation.
Pressure to Accept Low Settlements
Finally, some attorneys may pressure clients to settle quickly for less than the case is worth. If you feel your attorney is pushing you into a decision without explaining your legal options, it may be time to switch lawyers.
If you recognize one or more of these issues, it may be time to seek a second opinion. Now we’ll discuss how to fire a lawyer and move forward with someone more committed to your success.
Can I Switch Injury Lawyers?
The good news is yes—you can switch attorneys if you’re unhappy with a lawyer who isn’t providing the representation you deserve.
Many people assume they’re stuck once they’ve signed a contract, but that’s not true. California law allows you to change your injury lawyer at nearly any stage of your case. Your right to fire a lawyer and seek new counsel is protected, and the court system recognizes that the attorney–client relationship depends on trust and communication.
Keep in mind that while you generally can change your injury lawyer at most stages, courts may scrutinize substitutions made very close to trial dates or key deadlines. If the switch could delay proceedings or prejudice the opposing party, a judge may require approval or deny the substitution. Our attorneys handle these transitions carefully to protect your case while minimizing disruption.
Protecting Your Case When You Change Attorneys
When you hire a new personal injury attorney, your case continues without interruption. The new lawyer will notify the court and the opposing party that they are now your representative. This transition is common in personal injury law and, when handled properly, should not negatively affect your case.
How Do Contingency Fees Work If I Switch Attorneys?
One of the biggest concerns people have when deciding to switch personal injury lawyers is money. Clients often worry they’ll end up paying two attorneys or losing part of their settlement. Thankfully, that’s not how contingency fees work.
Personal injury cases in California are almost always on a contingency basis. This means your attorney only gets paid if they recover money for you. When you change your injury lawyer, the attorneys work out how to divide the fee once your case is resolved. You do not pay twice, and you do not get billed out of pocket just for changing firms.
Fee Splits Between Attorneys
If your first lawyer did some work on your case before you switched, they may be entitled to a portion of the fee. However, this amount is deducted from the overall attorney’s fee—never directly from your pocket. The new law firm assumes responsibility for negotiating the division of fees, which keeps your financial recovery protected.
No Additional Costs to You
The bottom line is simple: when you switch personal injury lawyers, you should not face extra financial burden. If your case results in a recovery, only one contingency fee is taken. That fee is shared between your old and new attorneys according to the work they each performed.
How Shea & Shea Handles Second Opinions and Takes Over Cases
If you’re unhappy with your current counsel, such as an unresponsive car accident lawyer, a second opinion personal injury case review can help you explore your options. At Shea & Shea, we understand how overwhelming this decision can feel, which is why we make the process as smooth as possible.
Free Second Opinions
We provide free consultations to clients who want to know where their case stands. If you’re questioning whether your current attorney is doing enough, our team will carefully evaluate your file, explain your legal options, and outline a strategy moving forward. Even if you choose to stay with your current lawyer, you’ll walk away with greater clarity.
Taking Over Existing Cases
If you decide to change your injury lawyer, our firm handles every detail of the transition. We contact your previous attorney, request the full case file, and formally notify the court and insurance companies that we now represent you. Because we have years of experience managing mid-case transfers, we know how to keep your claim moving without delay.
Our Client-Focused Values
We believe that strong legal representation is built on more than just legal knowledge. Clients who come to us after working with a bad personal injury lawyer often tell us they felt ignored or dismissed. That’s why our values emphasize trust and communication at every stage of the process.
Clear Communication
No client should ever be left wondering about the status of their case. Our attorneys and staff make communication a priority, keeping you informed about progress, answering your questions promptly, and making sure you feel heard.
Aggressive Advocacy
Insurance companies have deep pockets and strong legal teams. To level the playing field, your lawyer must be willing to fight hard. We pride ourselves on pursuing every legal option available, from tough settlement negotiations to courtroom trials when necessary.
Reputation Built on Results
Our courtroom reputation and history of success benefit every client we serve. Because opposing counsel knows we are prepared to litigate, negotiations are taken seriously. This reputation, paired with our commitment to client-focused advocacy, has helped us recover millions in damages for injured individuals and their families.
Since opening our doors in 1966, Shea & Shea has represented clients in San Jose, throughout California, and across the world. Our long track record of litigation success means you can trust that your case will be handled with the skill and commitment it deserves.
Schedule a Free Consultation Today
If you feel your personal injury lawyer is not helping you, don’t wait. Every day matters in building a strong case. At the San Jose-based law firm of Shea & Shea, our team offers free confidential consultations to review your claim and explain your legal options.
We understand how frustrating it is to feel unsupported during such a critical time. Our attorneys are committed to providing the aggressive advocacy, courtroom reputation, and clear communication that set us apart. If you’re unhappy with a lawyer you’ve been working with, we’re here to help.
Don’t stay in the dark with a bad personal injury lawyer. Contact us today at (408) 292-2434 to schedule a free consultation and let our years of experience work for you.