In the middle of a personal injury case, switching lawyers might feel like a risky move. But if you’re feeling uncertain about your legal representation, you’re not alone—and you’re not stuck.
Whether you’re frustrated with communication, feel your PI case isn’t moving forward, or just don’t feel heard, you may be wondering: Can you change lawyers in a personal injury case?
The short answer is yes. And in many cases, doing so is the first step toward reclaiming control of your recovery. In this guide, we’ll walk through why people consider switching lawyers, when it makes sense, and how to make the transition as smooth as possible.
Why Do People Want to Change Personal Injury Lawyers?
Choosing the right lawyer matters. Your attorney is your voice in negotiations and, if necessary, in court. So when that partnership breaks down or doesn’t feel like a partnership at all, it’s understandable to question whether you’re getting the support you need.
You might have started your case feeling confident. But over time, concerns can build. Maybe your calls aren’t being returned. Perhaps you’re unsure about the next steps. Or maybe you’re just not confident that your lawyer is fighting for the full value of your case.
No matter the reason, feeling uneasy about your legal representation is something you shouldn’t ignore. Personal injury cases affect more than just finances—they impact your health, recovery, and peace of mind. And the right lawyer should help reduce stress, not add to it.
Common Reasons People Change Lawyers During Their Case
While every case is different, there are some common patterns behind why plaintiffs decide to make a switch. If any of these resonate, you’re not alone:
- Poor Communication: You’re left in the dark about updates, next steps, or what’s expected of you.
- Unjustified Delays: The case feels like it’s stalled, but you’re not sure why—or what’s being done.
- Unnecessary Settlement Pressure: You’re being encouraged, or rather forced, to accept an offer you believe is too low.
Explore how you can ensure getting a better settlement.
- Unorganized Attorney: Documents go missing, deadlines are unclear, and confidence fades.
- Loss of Trust or Comfort: Even if nothing major has gone wrong, you don’t feel like your lawyer is the right fit anymore.
In some situations, a fresh perspective can make all the difference. The right personal injury attorney not only understands the legal process but also helps you understand your options—clearly and consistently.
Can You Change Lawyers in a Personal Injury Case?
Yes, you can change lawyers in a personal injury case—even if your case is already in progress.
The law gives you the right to choose the attorney who represents you. If at any point you believe your current lawyer isn’t meeting your expectations, you have the freedom to make a change. That right exists whether you’re early in the process or heading toward trial.
Here’s the reassurance: you don’t need court approval to switch, and in most cases, the transition is simpler than people expect. The new attorney you choose will typically handle the logistics of notifying your current lawyer and requesting your file. You don’t have to manage that process alone.
Importantly, changing attorneys does not mean starting over. Your case, evidence, and medical history stay intact. A new legal team can build on what’s already been done—often more efficiently and with better communication.
Can I Change My Lawyer Before Settlement?
Yes, you can change your lawyer at any point before settlement—even if you’re just days away from signing an agreement.
However, this stage is critical. Once a settlement is accepted and finalized, it becomes legally binding. So if you’re feeling uncertain, unheard, or pressured to settle for less than your case is worth, it may be the right time to seek a second opinion or switch representation.
Many plaintiffs change attorneys at this stage because:
- They feel rushed into a decision
- The settlement offer seems too low
- Their lawyer isn’t clearly explaining lien deductions or how much they’ll receive
- They’re unsure what happens next and aren’t getting answers
Before signing anything, you have the right to pause and reassess. A new attorney can review the proposed settlement, explain your options, and help you decide if it’s truly in your best interest.
How Do You Switch Your Lawyer During a Personal Injury Case?
Switching attorneys involves a few clear steps, and your new lawyer will usually manage most of them for you.
Here’s how the transition typically works:
- Consult with a new attorney
First, schedule a consultation with a new personal injury lawyer. This gives you the chance to explain your concerns, review your case status, and decide if it’s the right fit moving forward. - Sign a new retainer agreement
If you choose to move forward, you’ll sign a new representation agreement. This formally authorizes your new attorney to act on your behalf. - Send a notice of substitution
Your new attorney will notify your current lawyer that they’re taking over the case. This is done professionally and in writing, usually via a substitution of counsel form. - Transfer your case file
At the time of switching, your previous attorney is required to provide all relevant documents, evidence, and records to your new lawyer. This includes medical records, correspondence, and case notes.
To see how our platform streamlines the administrative burden of managing medical liens and Letters of Protection—connecting providers with attorneys, centralizing documentation, and offering flexible funding options—check out our overview of Personal Injury Claim Management.
- Address legal fees
In contingency fee cases (which most personal injury claims are), your new and former attorneys will work out how to split fees once the case resolves. You aren’t typically billed twice, and this process won’t delay your claim.
Throughout the transition, your focus remains on healing. A good legal team handles the administrative details with minimal disruption and keeps your case moving forward.
Other Considerations When Changing Lawyers Mid-Case
Although switching lawyers is your right, it’s worth considering how and when to make the change so it benefits your case, not delays it.
Here are a few things to keep in mind:
- Timing matters: Changing lawyers early in the process is often smoother, especially before filing a lawsuit. That said, even mid-litigation transitions are possible with the right support.
- Lien and document handling: Your new attorney must have access to all documentation, including medical bills, lien details, and prior communication. Platforms like Gain Servicing can streamline this handoff by keeping lien records organized.
- Fee-sharing arrangements: In most personal injury cases, legal fees are paid from the settlement. If you switch lawyers, your former and current attorneys will split the agreed-upon contingency fee. You don’t pay twice, as it’s worked out between the firms.
- Communication is key: Be honest with your new attorney about your experience so far. Clear context helps them step in without missing a beat.
Changing lawyers doesn’t have to be disruptive. In fact, when handled professionally, it often leads to a better experience and stronger advocacy.
Do You Still Have to Pay Your Old Personal Injury Lawyer if You Switch?
Generally, yes—but not out of your pocket.
Here’s how it works: In a contingency fee agreement, lawyers only get paid when your case settles or wins in court. If you switch attorneys, your previous lawyer may still be entitled to a portion of that fee based on the work they performed.
This is often referred to as a lien for legal services, and while attorneys may be entitled to fees, healthcare providers should never hold medical liens in the same way.
It’s a claim your original lawyer can make against the eventual settlement. However, it doesn’t mean you owe them additional money. Instead, your new attorney will typically handle this negotiation as part of the settlement distribution.
In many cases, the fee split is negotiated behind the scenes. You’ll still only pay one legal fee, usually a percentage of your recovery—and the attorneys will work out how to divide it.
Stay assured. If cost is what’s holding you back from making a switch, know that the system is designed to protect your interests, not penalize you for making a necessary change.
Are There Any Scenarios Where You Couldn’t Change Your Personal Injury Attorney?
In most cases, you’re free to change attorneys at any point in your personal injury claim. However, a few rare scenarios could limit your options—particularly once your case is deep into litigation.
Here’s when switching may become more complicated:
- Very close to trial: If your case is weeks or days away from trial, the court may require a formal reason for the switch, especially if the change would cause delays.
The closer you are to trial, the more delays can affect cash flow and lien resolution—highlighting why same-day approval and funding matter in personal injury settlements.
- Multiple previous changes: If you’ve already changed attorneys more than once, a judge might be hesitant to approve another substitution unless there’s a compelling justification.
- Contractual disputes: In rare cases, your previous attorney might contest the termination or claim unpaid expenses. These issues are typically resolved between attorneys but may involve court input.
However, it’s important to understand that these situations are exceptions—not the rule.
Most people who want to change lawyers can do so without issue, and with the right support, even time-sensitive transitions can be handled with minimal disruption.
Conclusion
If you’re asking yourself, “Can I change lawyers in a personal injury case?” the answer is yes—and in many cases, it’s the right decision.
Whether you’re feeling unheard, pressured, or just unsure about your attorney’s approach, you have every right to find someone who better aligns with your needs. This isn’t just about strategy—it’s about feeling supported during a difficult time in your life.
The right legal team can help you move forward with more confidence, clarity, and control.
And if your case involves medical liens, tools like Gain Servicing can help your attorney streamline lien tracking and settlement disbursements behind the scenes. As a result, you can focus on what matters most: healing and moving on.
FAQs
How do I switch injury lawyers?
Start by consulting with a new attorney. If you decide to proceed, your new lawyer will handle notifying your current one, retrieving case files, and filing a substitution of counsel.
How do you know you have a bad lawyer?
Red flags include poor communication, missed deadlines, unclear billing, or pressure to settle quickly. Trust your instincts—if you feel unsupported, it may be time to switch.
Can you switch lawyers in the middle of a case?
Yes. You can change attorneys at almost any point, including during litigation. Your new lawyer will help manage the transition and ensure continuity.
How long do most personal injury cases take to settle?
Most cases settle within 6 to 18 months, depending on injury severity, treatment timelines, and insurer responsiveness.
Is changing lawyers a delay tactic?
No. While courts discourage unnecessary delays, switching attorneys is a legal right—and when done with proper communication, it doesn’t have to slow down your case.
Is it a good idea to change lawyers?
If your current lawyer isn’t meeting your needs or you’ve lost confidence in their representation, switching may help you feel more supported and lead to better results.