Can You Switch Lawyers After Filing a Personal Injury Claim?

Understanding Why Clients Consider Switching Lawyers

Most people choose a personal injury lawyer during a moment of urgency, often shortly after an accident when everything feels chaotic. Pain, fear, and financial pressure can push someone to sign with the first attorney who returns their call. Later, when the case slows down or communication changes, clients sometimes begin to question whether they made the right choice. That doubt can feel uncomfortable, almost disloyal, especially for people who are respectful by nature.

But here is the truth many clients need to hear: feeling unsure about your representation is not a sign of disloyalty. It is a sign that you care about your recovery, your future, and your case. Personal injury attorneys at Horn Wright, LLP, often speak with people who quietly endured months of unanswered emails, rushed conversations, or unexplained delays. By the time they reach out, they’re not angry, they’re simply tired of feeling alone in a process that was supposed to give them support.

Yes, You Can Change Lawyers, And It Happens More Often Than You Think

Clients sometimes assume they are “stuck” with the lawyer they hired, as if signing the initial agreement locked them into the relationship forever. That is not true. In New York, injury victims have the right to switch lawyers at almost any stage of the case, even after filing a claim or starting negotiations. The law recognizes that trust, communication, and confidence matter. When those elements break down, clients are not required to continue working with someone who no longer serves their needs.

Switching lawyers does not invalidate your claim. It does not reset your case. It does not anger the court or jeopardize your rights. It simply moves your representation to someone who may be better equipped to handle the matter. People change lawyers for many reasons, not because they want conflict, but because they want clarity, communication, and advocacy that matches the seriousness of what they have lived through.

Common Reasons Clients Decide to Change Attorneys

There are patterns we see again and again. One of the most common issues is communication. Some lawyers disappear for long stretches or respond with short, vague messages that leave clients feeling anxious and uninformed. Others rely entirely on staff, leaving clients unsure whether the attorney has even read their file.

Another common reason involves experience. Clients sometimes realize later that their case requires more specialized knowledge, especially when injuries are severe or liability is complicated. And in some situations, personalities simply do not match. A client may need someone who listens more carefully, explains more clearly, or advocates more assertively.

Whatever the reason, clients usually describe the same emotional response: they no longer feel supported. And support, steady, respectful, and informed — is at the heart of personal injury representation.

How the Process Works When You Switch Lawyers

The process is far simpler than most clients expect. After choosing a new attorney, the client signs a document called a “Consent to Change Attorney.” Your new lawyer sends this to the former attorney and handles the entire transition. You do not have to confront your previous lawyer, negotiate anything, or retrieve paperwork yourself. The new attorney coordinates everything on your behalf.

Your case file, medical records, investigations, correspondence, evidence, transfers to the new attorney so there is no loss of progress. The switch is usually quiet, efficient, and respectful. When managed properly, the transition does not delay the case. In many situations, the change actually speeds it up, especially when communication improves and the case receives more focused attention.

How Fees Work When You Change Attorneys

One of the biggest worries people have is money. They fear they will have to pay two attorneys or face additional charges. Fortunately, that is not how New York’s contingency-fee system works. You do not pay both lawyers. You do not pay extra fees. You do not owe anything upfront to make the switch.

Under New York law, attorneys work out fee distribution among themselves once the case resolves. The single contingency fee, the one you agreed to originally, is shared between the lawyers based on their contribution to the case. The New York State Unified Court System oversees attorney ethics, ensuring fairness in these arrangements. Clients remain protected.

This means you can change lawyers without risking your financial stability. Switching attorneys is not a luxury reserved for wealthy clients, it is a right designed for everyone.

Why the “Right Fit” Matters in Personal Injury Cases

Injury cases are not purely legal matters. They are personal. They involve pain, fear, and decisions that shape your physical and financial future. When the relationship between attorney and client breaks down, the entire process becomes harder. Clients stop asking questions. They stop sharing important medical updates. They begin to dread every communication with the firm.

The right attorney makes you feel steady during an unstable time. They return calls. They explain what is happening. They respect your questions. They treat your case as more than paperwork. Most importantly, they make you feel less alone. Personal injury law is not only about settlements, it is about rebuilding lives. And that requires trust.

When Switching Lawyers Makes the Most Difference

There are moments in a case when changing attorneys can significantly improve the outcome. For example, when medical treatment becomes more complex, your case may require additional documentation or expert involvement that demands more experience. When negotiations begin, you need an attorney who understands insurance strategy and advocates with clarity. And if litigation becomes necessary, you need a lawyer who is willing to prepare, not settle prematurely.

Clients often describe a feeling of “I wish I had switched sooner” because they realize late in the process how much more engaged and responsive representation could have helped them. Switching earlier often strengthens the case and reduces stress. But even switching late is better than staying unhappy and unsupported.

Moving Forward With Confidence

The decision to change lawyers is deeply personal, but it should never be a source of shame or fear. You deserve an attorney who treats your recovery with the seriousness it deserves, someone who listens, explains, and advocates with genuine commitment. If you feel ignored, confused, or uncertain about whether your case is receiving proper attention, you have the right to seek someone who will protect your interests with the care you need.

At Horn Wright, LLP, we understand how emotional this decision can be. If you are unsure whether switching lawyers is the right step or simply want an honest second opinion, contact us today. 

We will review your case with respect, answer your questions clearly, and help you move forward with confidence, whether that means staying with your current lawyer or allowing us to take over your representation. You deserve support that feels steady, compassionate, and trustworthy.