Can I Switch Lawyers in the Middle of My Personal Injury Case?

Hiring a personal injury lawyer is one of the most important decisions you make after an accident. But what happens if things don’t go the way you expected? Maybe you’re having trouble getting updates. Maybe you no longer feel confident in your attorney’s ability to handle your case. If you’re in this position, you’re not alone, and yes, in Florida, you do have the right to switch lawyers during your personal injury case.

While it’s a big decision, making a change can sometimes lead to a better outcome. If the relationship with your current attorney has broken down, staying with them may only hurt your claim.

Your Right to Change Lawyers in Florida

Florida law allows you to change lawyers at almost any stage of your personal injury case. This includes both pre-litigation and during litigation. You are not legally bound to stay with the same attorney just because they started the case. If you believe another lawyer would represent your interests better, you can make that change.

That said, timing matters. If you’re early in the process, switching lawyers is usually simple. If your case is close to trial or already in court, the process may require additional steps, such as court approval. Still, even in later stages, it is possible.

Reasons Why People Switch Personal Injury Lawyers

There are many reasons why someone might want to change attorneys in the middle of a case. Some of the most common include:

Lack of communication – If your lawyer isn’t returning your calls or keeping you updated, it can create stress and uncertainty. You have the right to be informed about your case.
Disagreements over strategy – Sometimes, clients and attorneys don’t see eye to eye on how to handle negotiations, settlement offers, or whether to go to trial.
Feeling neglected – If you feel like your case isn’t being given the attention it deserves, it can be hard to trust that you’ll receive fair representation.
Loss of confidence – If you no longer believe in your lawyer’s abilities, experience, or commitment to your case, continuing the relationship may not be in your best interest.
Incompatibility – Even if nothing has gone terribly wrong, sometimes personalities or communication styles simply don’t match. That alone can be enough to justify making a switch.

Whatever your reason, your comfort and trust in your lawyer are essential. If something feels off, it’s worth addressing.

Steps to Take Before You Switch

Before you officially hire a new attorney, take a few practical steps to protect your case.

Review your agreement – Go over your current contingency fee contract. It may include language about how fees will be handled if you end the relationship. This doesn’t mean you’ll have to pay two attorneys, but it’s important to understand the arrangement.
Talk to your current lawyer – In some cases, a simple conversation can fix the issue. Maybe there’s a misunderstanding or your concerns haven’t been clearly expressed. If you’ve never raised your concerns, it may be worth giving your attorney a chance to respond.
Consult with another personal injury lawyer – Before firing your current attorney, speak with a new one to make sure they’re willing to take your case. Not all lawyers will take over an existing case, especially if trial is near. A consultation will help you understand your options.
Get everything in writing – When you hire a new lawyer, make sure you sign a new representation agreement and notify your old attorney in writing. Your new lawyer can help handle this communication to ensure a smooth transition.

Will Switching Lawyers Hurt Your Case?

In most situations, changing lawyers will not harm your case. In fact, if you switch to someone more experienced, more responsive, or more aggressive, it may improve your outcome.

However, there are potential risks. The new attorney will need time to review your file and get up to speed. If your case has important deadlines or hearings coming up, the transition needs to be handled quickly and carefully.

If you’ve already rejected a settlement offer or if your previous lawyer missed a filing deadline, it can limit what your new lawyer can do. That’s why switching lawyers earlier in the process is often easier and more effective.

How Attorney Fees Are Handled When You Change Lawyers

One of the biggest concerns people have when changing lawyers is whether they’ll end up paying more in legal fees. The good news is that in most Florida personal injury cases, you will not pay two full fees.

Most personal injury attorneys work on a contingency basis, meaning they only get paid if you recover compensation. When you switch lawyers, the two attorneys typically work out how to split the agreed-upon contingency fee. You don’t pay extra. For example, if the original agreement was for 33%, and both attorneys contributed work, they’ll divide that 33%—not charge you twice.

These arrangements are usually handled between law firms and don’t involve the client directly. Your new attorney can explain how the fee split will work before moving forward.

What Your New Lawyer Will Need to Do

Once you decide to hire a new attorney, they’ll take several steps to take over your case:

Notify your former lawyer – Your new attorney will send a formal notice of substitution, letting your previous attorney know that you’ve changed representation.
Request your case file – Your file includes all records, documents, notes, and communication. Your old lawyer is legally required to turn this over.
Review everything – The new lawyer will carefully evaluate the work that’s been done, assess strengths and weaknesses, and develop a strategy moving forward.
Communicate with the insurance company or court – If negotiations were underway or a lawsuit was filed, your new attorney will notify the appropriate parties that they are now representing you.

This process doesn’t typically take long, but the sooner you act, the easier the transition will be.

When Court Approval Is Required

If your case is already in litigation, meaning a lawsuit has been filed, the court may need to approve the change. This is generally a formality. Judges in Florida understand that clients have the right to choose their attorney. Unless the switch would delay the trial or create unfairness, it’s usually allowed.

In some situations—especially close to trial—the judge may ask why the change is being made and whether your new lawyer is prepared to move forward on schedule. Your new attorney should be ready to answer those questions and avoid unnecessary delays.

Questions to Ask Before Hiring a New Lawyer

If you’re thinking about changing lawyers, it’s a good idea to ask a few important questions during your consultation with a new attorney:

Have you handled cases like mine before?
Will you take over the case immediately?
How will the fee arrangement work?
What is your approach to communication?
Will switching affect my case timeline?

These questions help you get a sense of whether the new lawyer is a better fit—and whether the transition will be smooth.

Conclusion

You’re not stuck with a lawyer you no longer trust. In Florida, you have the right to change attorneys during your personal injury case, and doing so may be the best decision for your future. Whether it’s about lack of communication, a disagreement on strategy, or just a gut feeling that something’s off, your peace of mind matters.

Before making the change, talk to a new attorney and weigh your options. With the right legal guidance, you can move forward confidently and focus on getting the compensation you deserve.