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Yes, plaintiffs in personal injury cases have the right under Florida law to switch personal injury lawyers, right up until you accept a settlement. If you’re having trouble getting updates about your personal injury claim, if you discover a conflict of interest, or if you lose confidence in the personal injury attorney’s ability to win your case, you can switch attorneys.
That said, switching attorneys doesn’t have to derail your case. While you may have some financial obligations to your original law firm, an experienced West Palm Beach personal injury lawyer can help you make a smooth transition and avoid unnecessary delays. With the right guidance, you can move forward confidently with the legal support you deserve.
Why would I switch law firms in the middle of my case?
Some of the most common reasons someone would switch personal injury lawyers include:
- Lack of communication and updates
- Disagreements over case strategy or negotiations
- Loss of confidence in your lawyer’s abilities or the law firm’s resources
If your case isn’t being given the consideration it deserves, or if the lawyer doesn’t seem to have the resources (monetary, access to expert witnesses, experience, etc.) necessary for a good outcome, you don’t have to feel embarrassed about seeking new counsel. There are some important steps to take first. Some clients also reconsider representation as their personal injury trial date approaches
What to do before you switch lawyers
Before hiring a new lawyer, take a few proactive steps to preserve the integrity of your claim:
- Review your contract and see what, if any, fees you owe your first lawyer
- Have a frank conversation with your attorney; maybe there is a simple misunderstanding you can correct
- Book a consultation with a new lawyer first—many lawyers may not take an existing case
- Request your case file, including all documents, communications, testimony, and notes
- Notify your previous lawyer by filing a formal notice of substitution
- Communicate with your old lawyer in writing, so you have a paper trail if questions or concerns come up
Florida personal injury law gives clients the right to change representation at nearly any point. However, handling it properly protects your case’s integrity.
Your new attorney will review everything that’s been done so far on your case, assess its strengths and weaknesses, and then plan their approach. They can also notify the defense and insurance company of the change; the sooner you act, the easier the transition is.
How are fees handled when switching personal injury lawyers?
In Florida, most personal injury lawyers work on a contingency basis, meaning they only get paid if they recover compensation. When you switch personal injury attorneys, the two lawyers split the contingency fee and negotiate the exact division between themselves. If both lawyers contributed work to the case, then they’re each entitled to an appropriate share of the work they contributed.
When a judge must approve your change in attorneys
If your lawsuit has already been filed, then a judge may need to approve the change. Unless the switch would delay the trial or create unfairness in the process, then the process is usually just a formality.
However, if the case is close to going to trial, the judge may require your new lawyer to affirm that they are ready to move ahead on schedule and will avoid unnecessary delays.
Change your personal injury attorney with ease
Hiring a personal injury lawyer is a weighty task, and sometimes you may not get it right on the first try. If your first lawyer isn’t up to the task of securing a favorable outcome in your claim, you’re well within your rights to seek new counsel.
Do you need help changing lawyers in the middle of a pending personal injury claim? Call Lytal, Reiter, Smith, Ivey & Fronrath today at (561) 655-1990 for a free consultation to learn your options.