Can I Get a New Lawyer after a Failed Mediation?

Mediation is a voluntary or court-ordered attempt to settle a lawsuit and prevent the case from going to trial. In most cases, mediation is ordered by the court, as judges know the benefits of resolving a case without the hassle of a long and drawn out trial. But clients and their attorneys can also ask for mediation as a last ditch attempt to reach a settlement with help from a third party mediator.

Many people who enter into mediation have injuries from a motor vehicle accident, like being hit by a car, truck, bus, etc. Others were injured from a slip and fall because of hazards on someone else’s property. These are just some of the accidents that can cause serious injuries like brain damage, bone fractures, paralysis, chronic pain, and spinal cord damage. By the time mediation is ordered or arranged voluntarily, the claimant is probably 1 or more years into the legal process, and they are very eager to put the case behind them once and for all.

Mediation meetings can happen in person or remotely, and either way, there is a good chance that you and the other side will agree on the amount of compensation. That being said, there is always the possibility that an agreement will not be achieved. It’s undeniably frustrating when you enter into mediation and have nothing to show for it, and here you are, back to square one.

After a failed mediation, all sorts of questions may be floating through your mind, including, “Can I switch my lawyer after mediation?”

Frankly, we understand why clients place the blame on their lawyer when there is little to no progress on their case. This is particularly true when you are many months into the claims process, and mediation was the last opportunity to avoid a long and costly trial.

Can I Fire My Lawyer after a Failed Mediation?

Yes, you can still fire your attorney if you enter into mediation and things don’t work out as planned. In fact, you can fire a lawyer after the filing of a lawsuit, during negotiations with the insurance company, right before a trial, or at any point during your case. You can also switch lawyers for a personal injury claim if you hired an attorney on contingency, meaning that legal fees are recovered only if the case is settled in your favor.

Though you can find a new lawyer at any time, you should never jump into such a major decision without careful thought and consideration. Have you experienced problems with your lawyer all along, or is the mediation the first notable failure? Do you feel that your attorney is fully invested in your case and doing all they can to bring about a positive resolution? Are you getting the time and attention you deserve from your legal representative whenever you have questions or concerns?

Is My Lawyer to Blame for Why the Mediation Failed?

It’s important that after the initial bout of anger and frustration, you take a good look at all the reasons that may have caused the mediation to fail. If you go over the events honestly, you may realize that your lawyer was simply following through on your wishes, even though they had doubts on whether your demands would be acceptable to the other party. On the flip side, there are plenty of cases where the lawyer’s ambition and greed resulted in the mediation falling apart.

For instance, let’s say you have a back injury from a car accident that requires surgery, physical therapy, and other extensive treatments. This will cause you to miss considerable time from work, and the damage to your car is fairly substantial. However, it’s unlikely that you will suffer a permanent disability, and full recovery is expected if you follow through on all the doctor’s recommendations. In spite of knowing all this, your lawyer pushes for a settlement that’s comparable to what someone is entitled to if their ability to work and do daily tasks is permanently compromised. As a result of their aggression and unreasonable demands, the case remains unsettled.

Another possibility is lack of experience and confidence by the lawyer that’s handling your case. Not having the right experience can lead to all sorts of problems when it comes to a mediation, from not being organized or pushing hard enough on the client’s behalf. This type of attorney will probably result in a settlement that’s less that you deserve, or the case being dismissed altogether.

These are some of the most common reasons for why you should change lawyers on an accident claim. But the final decision is completely up to you, and to help you make an informed decision, we would like to offer a second opinion consultation, completely free of charge.

Free Second Opinion Consultation

Once you determine that there are red flags that cannot be ignored, you are probably eager to take action before your case is derailed any further. Should I fire my attorney immediately? Or do I wait to find another lawyer first? If I change the lawyer that’s representing me in a personal injury case, will it cause interruptions and other setbacks? Does starting over with a new attorney after mediation mean that I’ll pay a lot more in legal fees?

These are perfectly legitimate concerns when you are dissatisfied with a lawyer. Working through these issues requires advice from another attorney that specializes in accident injury cases. Consulting another legal expert is easy here at Kenmore Law Group, where you can receive a free second opinion on your case.

After meeting with one of our attorneys, you may decide that keeping your current legal representative is the best course of action. Alternatively, you may be interested in hiring us and continuing your lawsuit with our legal team. No matter what, please know that the consultation is 100% free of charge, so there is nothing to lose by reaching out to us and scheduling a second opinion.

Zero Fee Guarantee

From car accident lawyers to attorneys that specialize in fall injuries, you will find the right legal expert here at Kenmore Law Group. Along with decades of experience in personal injury cases, we also offer a Zero Fee Guarantee. By signing with us, you pay absolutely nothing upfront. All of our attorneys work on contingency, meaning we do not get paid until the recovery of your settlement.

We know that you have waited for a resolution to your claim, and you are deeply disappointed that mediation with the other party did not work out. This may be an indication that you need to look elsewhere for a lawyer to settle your case.

Our law firm is here to help, regardless of where you are with an insurance claim or lawsuit. Don’t hesitate to call us today for a free second opinion.