You are driving down I-66, and the worst happens, a careless driver rear-ends you, and you are in the hospital, and your car is totaled. Your injuries are treated, and you begin the search for an attorney. A well meaning friend recommends an attorney who helped them with their divorce. What you don’t know is this attorney never handled a personal injury case, and in fact knows very little about the process. Weeks later you get a sinking feeling that your case is going nowhere.

Is your lawyer ruining your case?This type of situation is a tragedy layered upon a tragedy. But there are ways to protect yourself from a botched car accident case. The state of Virginia allows an individual to fire their attorney and non-suit their case and start over. Before you take drastic measures, speak with your attorney and voice your concerns. As long as you are courteous, your attorney should be receptive (you are paying them after all).

A word of caution; If you settle your case and later decide to fire your attorney, you cannot rescind your settlement. The settlement agreement is final, even if you attorney did a really bad job.

If you decide to fire your attorney, take your time to researching other attorneys. There are many questions you can ask to determine if an attorney is the right match for your case. Don't be afraid to interview a potential attorney. They should treat it like a job interview (it is!) and answer all your questions. You don’t have to rush the process. The statute of limitations to file suit for car accident cases in Virginia is two years, so don’t feel pressured to choose an attorney fast.

If you are in this situation, I have two consumer guides that can be a big help. Download FREE PDF’s of my books 5 Deadly Sins that can Wreck Your Injury Claim and The Truth About Lawyer Advertising. If you would like to speak with one of our great staff members, call BenGlassLaw at (703)584-7277.

Ben Glass
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Ben Glass is a nationally recognized Virginia injury, medical malpractice, and long-term disability attorney