Can I Change Lawyers During a Car Accident Case? What You Need to Know Before Switching Attorneys

By Emery Ledger on March 13, 2026

The right attorney makes a huge difference in your case. Many people have a simple question. Can I change lawyers during a car accident case? You can make a change in most situations. There are factors to think about during this process. Timing, fees, and the impact on your case matter.

You need to trust your attorney. If you don’t, find a new one. It really does matter.

Can I Change My Car Accident Lawyer at Any Time?

Most attorneys maintain a contingency agreement with you. This means you don’t pay anything for your legal services upfront. Your attorney works on your case. You don’t pay them anything. You only pay when they win your case. That’s applicable to most personal injury attorneys.

You have to understand your contract. Most attorneys will provide specific rules about terminating representation. You may have limited time to do so. The bottom line is you have the right to fire your attorney.

This is a legal right. You can do so at any time. Doing so too close to trial can be a problem. There could be consequences in those cases. Your attorney may require you to make a payment if they have done all of the work leading up to the trial. It can become confusing.

Common Reasons Why Claimants Change Lawyers

You can fire your attorney at any time. This case is incredibly important to you. You need the outcome expected. Personal injury attorneys who don’t deliver or make time for you are a concern.

Some of the most common reasons for terminating your relationship include:

• Lack of communication. You can’t reach them. They aren’t keeping you up to date. They may not be listening to you.
• Dissatisfaction with settlement progress. Maybe your lawyer isn’t getting anywhere. The insurance company isn’t taking them seriously. The case is dragging on.
• Concerns about the experience. You may not like what the attorney is doing. You don’t believe they are using the appropriate strategy.
• You’re ignored. Your needs are incredible. You need an attorney who cares about you.
• The attorney wants you to settle. And you know you are owed more than what the insurance company is offering.

Switching to a new lawyer is possible in these cases. It makes sense that you should seek a lawyer you feel good about.

Lawyer Not Doing His Job? Here Are Your Options

Make the case for ditching your attorney. There are a few specific things you can do to protect yourself in these situations.

• Document everything. Write down when you call them, what happens, and any other details. Any one of these details can prove vital to gaining the confidence to fire your attorney.
• Request a case update. You’ve waited a long time. You’re not getting anywhere. Ask for a case update. If they don’t provide one, or don’t show improvement, move on.
• File a complaint. There are some situations where the attorney is being unethical. You may even feel abused or not treated properly. Filing a complaint is your option.

Will Changing Attorneys Adversely Affect My Case?

The answer to this question is dependent on numerous factors. Switching lawyers doesn’t automatically fix things. It also doesn’t automatically cause harm to your case. It’s what happens after this that plays the biggest role in the outcome.

• Expect delays. Your new attorney needs to start over. That means they need time to do the research and investigate. That could mean added delays.
• File transfers. Your old attorney has the obligation to send your new attorney their files. Some attorneys keep less-than-detailed files. The transfer process may face delays. This can add to the frustration.

Do I Have to Pay My Previous Car Accident Attorney?

Contingency fees may be applicable. Switching attorneys doesn’t mean you’re off the hook for paying the attorney. The original attorney may be entitled to some of the final fee. This is based on the work performed. It also matters what expenses were involved.

Attorney liens are factors. Attorney liens allow attorneys to require the court to pay their fees before paying you any settlement value. This is standard. If a lien exists, that can complicate the process.

Fees are split. In most situations, the fees associated with your case are split between both parties.

Every case comes down to what’s in your contract. Work closely with your attorney to understand the obligations you face.

Understanding Attorney Liens and Fee Splits

An attorney lien allows the lawyer to secure payment for their fees from your settlement. This means their fees take precedent over other claims.

You enter an agreement with an attorney at the start of your relationship. The attorney doesn’t require payment upfront. Instead, they establish a lien on your settlement. That lien is a legal action that requires the first payment of the settlement to go towards the attorney’s fees. This isn’t unusual.

Changing attorneys means the first attorney still retains the right to collect fees. Those fees are less based on the amount of work one lawyer does compared to another.

You do not pay double fees. It is very unlikely that you will have to pay out more for making the switch.

How to Switch to a New Personal Injury Lawyer Firm

Follow these steps to obtain a new attorney for your personal injury claim. Find an attorney you want to work with. Do this before you communicate your goal to leave the other attorney.

Signing a new agreement is a necessary step. You need to be sure your wishes and fees are clarified.

Sign a Contract with a New Lawyer

Enter into a new contract with your new attorney. Make sure you understand the differences. Be sure your new attorney knows you were working with another.

Let Your New Attorney Take It From There

Your new attorney handles the rest of the process. Notify the old firm in writing that you are terminating their agreement. Request that they transfer your case file to the new attorney. The law firm will need to process the case file transfer. Your new attorney will also need to update all parties involved. That includes the insurance companies and the court.

What Should I Look for in a New Car Accident Attorney?

Seek out an attorney who better fits your needs. That might include:

• Transparent communications
• Experience with cases like your own
• Trial readiness
• Positive client reviews showing how they treat clients

Be sure you know what to expect. Talk about what you did not like with the previous attorney.

How Long Do I Have to Make a Move in My Case?

You can change attorneys at any time. However, the statute of limitations in your case matters. This is the legal limit on the amount of time you have to file a lawsuit. If you wait too long, the insurance company will not pay you anything.

Acting sooner is better. There’s no reason to wait too long.

Can You Afford to Fire Your Lawyers?

It’s an important factor to consider if you can afford not to. There are financial implications. You should not have to pay twice the fees. Contingency protection applies. You do not want to work with an attorney who’s not right for you.

Should You Change Lawyers During Your Car Accident Case?

You definitely can change lawyers. Do so if you are unsure about the attorney’s ability to meet your needs and goals. Set up a consultation to discuss your needs with a new attorney. Find out what they might do better.

Find a new attorney who better meets your needs. Ledger Law is ready to work for you. We answer questions, solve problems, and prioritize your case. Our experience and dedication make the difference. 

FAQs About Can I Change Lawyers During a Car Accident Case

Can I change lawyers during a car accident case at any time?

Yes. The law allows you to make changes to your legal representation at any time. 

Can I change my car accident lawyer if I’m unhappy with communication?

Yes, you can change attorneys at any time. Poor communication is a very good reason to make that change.

Will switching lawyers hurt my car accident claim?

Switching attorneys doesn’t immediately harm your case. Your attorney will need the time to work on building your claim, though. Don’t wait too long. 

Do I have to pay my previous lawyer if I change attorneys mid-case?

Your previous attorney may have a lien that allows them to collect a portion of your compensation. You don’t pay out of hand. You do pay a portion of your settlement, split between the two. 

How does an attorney lien work if I change car accident lawyers?

The compensation paid to the attorney is split. That means you receive compensation after both attorneys are paid a split fee. 

What are common reasons people change their car accident lawyer?

Lack of communication, demands to settle, or unfair treatment are common. You need an attorney who makes time for you. 

Can I change lawyers after my car accident case has been filed in court?

You can. The process is the same. Your new attorney will handle that process. 

How long do I have to change my car accident lawyer?

You can change at any time. 

Is it worth changing lawyers during a car accident settlement?

It may be worth it. If you think your new attorney can recover more for you, switching makes sense.

Emery Ledger

Emery Brett Ledger brings more than 27 years of experience to personal injury law. He founded & led The Ledger Law Firm in securing over $100 million in compensation for clients with life-altering injuries & complex claims. Licensed in California, Texas, & Washington, Emery earned his law degree from Pepperdine University School of Law. His practice areas include car & truck accidents, wrongful death, catastrophic injuries, maritime claims, & mass tort litigation. He has been recognized by The National Trial Lawyers’ Top 100, Mass Tort Trial Lawyers Top 25, and America’s Top 100 Personal Injury Attorneys. Emery also received the 2025 Elite Lawyer Award & holds a perfect 10.0 Avvo rating with Platinum Client Champion status. His legal work has been featured on CNN, Forbes, NBC, & ABC.