Legal Video Library

Switching Lawyers During a Personal Injury Case

• Clients have the right to change attorneys at any time during a personal injury case.

• This applies even after a claim has been filed or negotiations with insurance companies have begun.

• The decision to switch often happens when a client feels communication is lacking or the case is not progressing properly.

• Changing attorneys does not cancel your claim or prevent you from pursuing compensation.

Common Reasons Clients Switch Attorneys

• Poor communication or difficulty reaching the attorney or staff.

• Lack of updates about the status of the claim or negotiations.

• Concerns about the attorney’s experience or strategy.

• Delays in responding to insurance companies or handling paperwork.

• A client simply feels more confident with a different legal team.

How the Process of Switching Lawyers Works

• The client signs a new representation agreement with the new attorney.

• The new lawyer usually sends a letter of representation to the insurance company and the previous attorney.

• Case files, evidence, and documents are transferred to the new legal team.

• The transition is generally handled between attorneys so the client does not have to manage the paperwork.

How Legal Fees Are Handled

• Personal injury cases typically operate on a contingency fee basis, meaning attorneys are paid from the final settlement or verdict.

• If a client switches lawyers, the previous attorney may be entitled to a portion of the fee based on the work already performed.

• This does not increase the total fee paid by the client in most cases.

• The attorneys typically resolve fee allocation between themselves.

Why This Matters

• Clients should feel confident in the attorney representing their case.

• A strong attorney-client relationship improves communication and case strategy.

• Switching lawyers can help ensure the claim receives proper attention and negotiation.

• Making the change early in the case often leads to a smoother transition and better outcomes.