How do I choose which law firm will handle my injury claim?

Start by Confirming Whether You Retained Either Firm

Talking with a lawyer does not always mean that an attorney-client relationship was formed. Begin by gathering every document, email, text message, and electronic signature connected to both firms. Look for a representation agreement, contingency-fee agreement, authorization to obtain records, or letter confirming that a firm accepted the claim.

For each firm, ask for a complete copy of anything bearing your signature. Also ask the firm to state in writing whether it currently considers you a client. This creates a clear record and may reveal whether one interaction was only an initial discussion while the other resulted in an actual agreement.

If you signed agreements with both firms, do not assume the second agreement automatically canceled the first. Each agreement should be reviewed for its scope, termination terms, responsibility for expenses, and provisions addressing fees if the representation ends early.

What to Compare Before Choosing a Firm

The decision should focus on whether the firm’s services, communication practices, and written terms fit your needs. Useful questions include:

• Who will handle the claim? Ask who will be your regular contact and which lawyer will supervise the matter.
• How will communication work? Find out how the firm provides updates, returns messages, and explains important decisions.
• What work is included? Confirm whether the agreement covers the bodily injury claim, property damage, negotiations, filing a lawsuit, and an appeal. Do not assume every related issue is included.
• How are fees calculated? A North Carolina contingency-fee agreement should be in writing and explain how the fee is determined.
• How are case expenses handled? The agreement should explain which expenses may be deducted, whether they are deducted before or after the fee is calculated, and whether you could be responsible for any expenses without a recovery.
• How will the firm investigate disputed fault? In a car accident claim, ask how the firm will collect the crash report, photographs, witness information, vehicle evidence, medical documentation, and insurer correspondence.
• What happens if the claim cannot be resolved? Ask how the firm evaluates whether to file a lawsuit and what additional terms or costs may apply.

You may also consider whether the lawyer explains both strengths and risks in understandable terms. North Carolina permits contributory negligence as a defense. If an insurer contends that your own conduct helped cause the crash, that issue can create serious problems for the claim. A careful evaluation should address what the other driver did and the evidence showing why your conduct was reasonable.

How to Clarify Which Firm Represents You

Once you make a decision, communicate it directly and in writing. A practical written notice should:

1. Identify the accident and insurance claim number, if available.
2. State which firm you want to represent you.
3. Tell the other firm that you are ending or disputing its authority to act for you.
4. Direct the former firm to stop communicating on your behalf, subject to any steps required if a lawsuit is already pending.
5. Request that your file be sent to you or, with your authorization, to the selected firm.
6. Ask for a written statement of any claimed fees or expenses.
7. Authorize the selected firm to notify the insurer and other appropriate parties.

Keep copies of these notices and proof of delivery. The selected firm should send the insurer a new or updated representation letter. You may also notify the adjuster that only the selected firm is authorized to communicate and receive claim information on your behalf. The insurer does not choose your lawyer, although it may need clear written direction before releasing information.

If a lawsuit has already been filed, changing counsel may require additional documents or court approval. The incoming and outgoing lawyers should explain the necessary procedure and who remains responsible for pending dates until the change is complete.

Could the First Firm Claim a Fee?

Ending one representation does not necessarily erase every financial issue. Depending on the agreement and work performed, a former firm may assert a claim for expenses or for the reasonable value of substantial work completed before discharge. That does not automatically mean you should pay two full contingency fees.

If lawyers from separate firms propose sharing a fee, the arrangement generally requires your agreement, including the proposed shares, confirmed in writing. The total fee must also be reasonable. Ask both firms to explain in writing how any prior work, costs, or requested fee will be addressed before the claim is resolved.

Do not ignore a fee dispute. Request an itemized explanation of the work and expenses claimed. The North Carolina State Bar has a fee-dispute process that may apply when a lawyer and client cannot resolve a disagreement.

Protect the Claim During the Transition

Changing or clarifying representation does not pause the injury claim. Preserve the information both firms may need:

• Every signed legal-services agreement and authorization.
• Letters of representation sent to the insurer.
• The claim number and adjuster’s contact information.
• The crash report, photographs, videos, and witness details.
• Medical records, bills, visit summaries, and health-insurance correspondence.
• Proof of lost income and injury-related out-of-pocket expenses.
• Settlement offers, releases, checks, denial letters, and recorded-statement requests.
• A timeline of communications with both firms and the insurer.

Make sure one identified person is responsible for monitoring deadlines. Under N.C. Gen. Stat. § 1-52, many North Carolina personal injury actions are subject to a three-year filing period, although the correct deadline depends on the claim and facts. Communications or negotiations with an insurer do not automatically extend the deadline for filing a lawsuit.

How This Applies When Two Firms Contact the Insurer

Here, one firm had already sent a representation letter before another firm requested the claim information. The immediate task is not for the insurer to decide between them. The injured person should determine what was signed, decide which firm is authorized to proceed, and provide consistent written instructions to both firms and the insurer.

The firms should then coordinate the file transfer, identify any expenses or fee claim, and make clear who will handle communications and deadlines. Until that is confirmed, the injured person should avoid signing a release, endorsing a settlement check, or giving conflicting instructions through different firms.