The Shoulder
The Shoulder
64
patient-crane-465

Boss's family member wants to rep me AND my coworkers together — should I switch lawyers?

This is stressing me out and I don't really know who to trust right now, so figured I'd throw it out here.

Back in the spring I was a passenger in a coworker's car when we got hit — pretty bad multi-vehicle situation involving a commercial vehicle on the other side. Ended up with a serious shoulder injury and a long road of PT ahead of me. Three other coworkers were in the car too, all got hurt to varying degrees.

Here's the thing: I already have a lawyer. I found him on my own pretty soon after the accident and he seems fine — responsive, filed the right paperwork, kept me in the loop on the basics. No major complaints.

But recently my employer found out about the whole situation (hard to hide when four of us are out recovering). Turns out a close relative of the owner is a personal injury attorney. She reached out and asked all four of us to hop on a call together. Her pitch was basically: she'd represent all of us as a group specifically going after the commercial vehicle's company, saying there's more leverage bundling our claims.

Part of me wonders if there's something to that — like, a commercial carrier might take a group of injured workers more seriously? But another part of me is uncomfortable. My boss is a good guy but he's still my boss. Is there a conflict of interest if his family member is my lawyer? What if our injuries and damages are really different and what's good for the group isn't good for me specifically?

Has anyone dealt with something like this — being pushed toward a group situation when you already have your own representation? How do you even think through whether switching is worth it?

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11 replies

  • 20
    genuine-marten-021

    Not legal advice, but the concept you're bumping up against is called a conflict of interest. When one attorney represents multiple clients in the same matter, their interests have to be fully aligned — and in accident cases, they often aren't. Different injuries, different lost wages, different pain and suffering. If the commercial carrier ever wants to settle and offers a lump sum, your attorney has to divide it somehow. That's where group representation can get messy. Talk to your current lawyer about this before making any moves. Not legal advice.

    • 9
      weary-parent399

      Wish I had seen this a month ago — would have saved me a lot of stress.

  • 20
    keen-swan-508

    Ugh, this sounds so stressful on top of already dealing with recovery. Whatever you decide, please make sure it's YOUR decision — not what's convenient for your coworkers or what your boss's family member is pitching. You deserve representation that's focused on you.

  • 19
    wise-heron-362

    I was in a similar spot after a crash involving a work van — multiple people hurt, and someone suggested we all use the same attorney to 'strengthen the case.' We didn't end up doing it, and honestly I think that was the right call. My injuries were way more severe than the others and I would've been lumped in with their smaller claims. Your situation might be different, but just think hard about whether your specific damages could get overshadowed.

    • 0
      weary-rider182

      This is really helpful — thank you for posting it.

  • 18
    quiet-wren-039

    One thing worth knowing: switching attorneys mid-case is totally possible, and your new attorney usually handles the fee split with the old one — you typically don't end up paying double. That said, switching does create some friction and potential delays, especially if your current lawyer has already done significant work building your claim. Before anything, request a copy of everything in your file so you know where things stand.

  • 17
    keen-elk-271

    A few things I'm curious about — did the employer's relative explain specifically how combining the claims helps you, or was the pitch pretty vague? And is there any chance your employer has some liability in this situation that could make his relative's involvement complicated? Not trying to be paranoid but that detail matters a lot here.

  • 11
    hearty-heron-210

    From the carrier side of things, a group of claimants with one attorney can actually make our job easier sometimes — one point of contact, one negotiation. It doesn't automatically mean more pressure on us. And if your damages are really different from your coworkers', a smart adjuster will figure that out and use it. Just something to keep in mind before assuming bundled = better.

    • 9
      gentle-walker347

      Thanks for sharing. Hope things are getting a little easier for you.

  • 8
    cool-wolf-718

    You already have a lawyer who's doing their job. The bar for switching should be pretty high. Ask yourself: is your current lawyer actually dropping the ball, or is this just a shinier option being dangled in front of you? If it's the latter, stay put.

  • 7
    kind-grouse-566

    The employer connection alone would make me pause. I'm not saying the relative is shady, but your boss has a relationship with that attorney that you don't. If things ever got complicated — say there's a workers' comp angle or questions about what you were doing in that car — would that attorney really be 100% in your corner? I'd think carefully about that dynamic.