When Your Injury Lawyer Stops Returning Calls

Attorney Answer

You are not stuck with a lawyer who will not talk to you — a client can change lawyers — but do not treat this as a customer-service problem, because the one thing an unresponsive lawyer can cost you is the filing deadline, and that loss cannot be repaired.

Start there. Tex. Civ. Prac. & Rem. Code § 16.003(a) requires a suit for personal injury to be brought not later than two years after the day the cause of action accrues. Nothing about having hired a lawyer stops that clock. A file sitting untouched in an office runs out of time on exactly the same schedule as a file nobody opened, and when it does, the strength of the underlying case stops mattering. So the first question to get answered is not why the office will not call you back. It is whether suit has been filed, and if not, by when it must be. You are entitled to ask that and to get a straight answer.

The underlying claim itself is usually a strong one. Tex. Transp. Code § 545.062(a) provides:

"An operator shall, if following another vehicle, maintain an assured clear distance between the two vehicles so that, considering the speed of the vehicles, traffic, and the conditions of the highway, the operator can safely stop without colliding with the preceding vehicle or veering into another vehicle, object, or person on or near the highway."

Texas has no automatic rule that the following driver is at fault, but that duty, together with the duty in Tex. Transp. Code § 545.351(a) not to drive faster than is reasonable and prudent under the circumstances then existing, is what a rear-end claim is built on. An arm injury from a rear-end collision is an ordinary, provable claim. It just has to be pursued by someone.

On the relationship: a client may end it. A client is also entitled to the file. Changing lawyers can carry a fee cost, though. Under Mandell & Wright v. Thomas, 441 S.W.2d 841 (Tex. 1969), and Hoover Slovacek LLP v. Walton, 206 S.W.3d 557 (Tex. 2006), a contingency-fee lawyer discharged without good cause before the work is done may recover either the fee the contract sets, out of whatever you later recover, or the reasonable value of the work. That can mean two fees come out of one recovery. Whether a lawyer's silence is good cause depends on the facts, so ask a new lawyer to read your fee agreement before you sign anything. The State Bar of Texas also runs a grievance process for complaints about lawyers, and a client-attorney assistance program aimed at exactly this problem, communication that has stopped. Contacting either is free and does not require you to give up your case.

What you can do

1. Send one clear written message — email and a mailed letter — asking two things: the current status of your case, and whether suit has been filed. Ask for a reply by a specific date.

2. Ask in writing for a complete copy of your file, including the crash report, medical records, and any correspondence with insurers.

3. Keep a dated list of every call, voicemail, email, and office visit, with who you spoke to.

4. Keep treating for the arm and keep every bill and record. Gaps in treatment are the first thing an insurer uses.

5. Call another Texas personal injury lawyer now and describe where things stand. Many will look at a pending case, and most can tell you quickly whether the deadline is close.

6. If you decide to change lawyers, ask the new firm how the prior fee agreement will be handled before you sign anything.

7. Contact the State Bar of Texas about the lack of communication if the office still will not respond.

8. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page.

⏱ Time limits apply. Tex. Civ. Prac. & Rem. Code § 16.003(a) sets two years from the day the cause of action accrues for a personal injury suit. Exactly when your claim accrued, and whether anything in your circumstances affects it, depends on facts this page cannot see — so do not count two years from the crash and assume you are safe. Have a Texas attorney confirm the date this week, and say plainly, when you call, that you do not know whether suit has been filed.