If your personal injury attorney just told you they are referring your case to another law firm, you probably have questions, and you deserve straight answers.
At Englander Peebles, we believe every injured person who hires a lawyer deserves to stay with that
lawyer through the end of the case. We handle personal injury and wrongful death claims from the first call to the final resolution, including trial. We do not refer cases out when they get complicated. That is what sets us apart.
Why Do Some Personal Injury Firms Refer Cases to Other Attorneys?
Not every personal injury law firm is built the same way. Many are structured around a single goal: reaching a fast settlement.
These firms are often called settlement mills. They take on large volumes of cases and expect to
resolve most of them quickly, without ever stepping into a courtroom. When that approach works,
clients get checks. But when an insurance company refuses to pay a fair amount, which happens
often in serious injury cases, these firms hit a wall.
They do not know how to litigate.
Litigation takes experienced trial attorneys, dedicated legal staff, the financial resources to fund case preparation, and years of courtroom experience. Settlement-focused firms often lack all of these. When a case has to be litigated, they have two choices:
- Pressure you into accepting a lowball settlement, or
- Refer your case to a firm that actually tries cases.
If you have learned that your case is being referred, you are likely dealing with a firm that chose the
second option.
KEY TAKEAWAY
A referral often signals that your original firm was not equipped to take your case to trial. That is worth understanding before you decide what to do next.
What Happens When a Personal Injury Case Is Referred Out?
A referral can sound like a smooth handoff. It rarely is. Here is what often happens when a case is
transferred to a new firm:
- You start over. The new attorneys do not know you, your injuries, your medical history, or the facts of your accident. Rebuilding that foundation takes time, time that could have gone toward building your case.
- Your case may have lost critical development time. Evidence has to be preserved quickly after an accident. Medical records have to be complete and organized. Witnesses have to be identified and locked in. If your original firm focused on settlement instead of litigation, key investigative steps may have been skipped.
- You may still face pressure to settle fast. Some referral arrangements come with expectations about how the case should resolve. That pressure can follow your file to the new firm.
Can I Switch Personal Injury Lawyers in the Middle of My Case?
Yes. In most situations you have the right to change your legal representation at any point in your case, including after it has been referred and even close to a trial or settlement.
If your case was handed to a firm you did not choose, or you have concerns about how it is being handled, you can get a second opinion from another personal injury lawyer. Switching attorneys usually does not cost you anything out of pocket. In a contingency fee case, the lawyers work out how any fee is divided between them, and your total fee does not increase because you changed firms.
At Englander Peebles, we regularly speak with injury victims who are in the middle of a case and want a second opinion. We will review your situation honestly and tell you whether changing firms is in your best interest.
FREE CASE REVIEW
There is no cost to speak with us, and no obligation to hire our firm.
What Makes Englander Peebles Different?
Englander Peebles was founded as a trial firm. We build every case, from the first client call, as
though a jury will decide it.
That foundation changes everything:
- We preserve evidence right away and thoroughly.
- We identify and retain experts who can testify on your behalf.
- We develop your damages story for maximum impact in court.
- We keep you informed throughout the entire process.
- We do not hand your file to another firm when the case gets hard.
Our attorneys have tried personal injury cases to verdict in South Florida courts. Insurance companies and defense attorneys know our reputation. When we file a lawsuit on your behalf, everyone in the room understands that we are prepared to see it through.
Why Trial Experience Changes What Insurance Companies Offer
Here is a reality of personal injury law: most cases settle. But the size of that settlement is almost entirely driven by whether the defense believes you will take the case to trial.
An insurance company negotiating against a settlement mill knows the math. It knows the firm needs to close cases. It knows trial is not a real option. So it makes lower offers, and it waits.
When you are represented by a firm with real trial experience and a documented courtroom record, that calculation changes. The insurance company cannot lowball you and expect you to accept. It knows that if it does not make a fair offer, a jury will hear your story.
That leverage, the credibility of a real trial threat, is one of the most valuable things a personal injury attorney can give you. Firms that refer cases out the moment litigation begins cannot provide it.
Frequently Asked Questions
Can I change my personal injury lawyer if my case was referred?
Yes. In most circumstances you can change your representation at any point during your case. If your case was referred to a firm you did not choose, you can consult another attorney for a second opinion.
Will switching personal injury lawyers cost me more money?
No. Personal injury cases are handled on a contingency fee. When you switch firms, the attorneys divide the single fee between them. Your overall fee does not go up because you changed lawyers.
Can I switch lawyers in the middle of a case or before settlement?
Usually yes. You can change attorneys mid-case and even shortly before a settlement, though timing can affect how the fee is divided between the firms. A new firm can review your case and explain your options.
Why did my injury lawyer refer my case to another firm?
Many firms are built to settle cases, not try them. When a case needs litigation, a settlement-focused firm may refer it to a firm with trial experience rather than take it to court itself.
What is a settlement mill?
A settlement mill is a law firm that handles a high volume of cases and aims to settle them quickly, usually without litigating. These firms often refer cases out when an insurer refuses to pay fairly and trial becomes necessary.
Injured in South Florida? Talk to Englander Peebles
If you were seriously injured in a car accident, truck crash, slip and fall, or another incident caused by someone else's negligence, you deserve attorneys who will fight for you from the first call to the final resolution.
Englander Peebles handles personal injury and wrongful death cases throughout Florida. Contact us for a free, no-obligation case review.