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Fort Lauderdale Personal Injury Lawyer > Blog > Personal Injury > Can I Switch Personal Injury Lawyers in Florida?

Can I Switch Personal Injury Lawyers in Florida?

A lawyer providing legal consultation to a client

If you’re facing doubts about your current legal representation and wondering, “Can I switch personal injury lawyers?” the answer is yes. In Florida, you have the right to choose an attorney who best represents your interests, even if that means making a change mid-case. This article will provide you with straightforward guidance on when and how to make that transition, ensuring your legal support aligns with your expectations.

Key Takeaways

  • Clients in Florida have the right to change their personal injury lawyers at any time during their case without incurring additional costs, due to dissatisfaction or ineffective representation.

  • The process of changing personal injury attorneys involves securing a new lawyer before the termination of the previous one, formally terminating the old relationship in writing, and ensuring all relevant case records are transferred properly.

  • When switching personal injury lawyers, financial concerns are mitigated since the new and former attorneys typically split the contingency fee, and firms like Rosen Injury Law operate on a no-fee-unless-you-win policy.

A person holding a gavel in a courtroom


Understanding Your Right to Change Personal Injury Lawyers

In the realm of personal injury law, the relationship between a client and their attorney is paramount. In Florida, you have the fundamental right to terminate this relationship if it no longer serves your best interests. This means that if you find yourself dissatisfied with your current legal team, you possess the absolute freedom to seek out new personal injury attorneys who align better with your needs and expectations. What’s more, this switch can be made at any point during your case without the worry of incurring additional costs.

A robust attorney-client relationship is the cornerstone of a successful personal injury case. When trust, communication, and a mutual understanding of the case strategy are present, the likelihood of achieving a favorable outcome increases significantly. However, if these critical elements are lacking, it might be time to consider a change.

Recognize that your well-being and the pursuit of justice should never be compromised due to an underperforming attorney or a prior attorney.


Common Reasons for Wanting to Switch Lawyers

If you’re frequently confronted with the frustration of calls that go unanswered and emails left unacknowledged, it may indicate a breakdown in the relationship with your personal injury lawyer. When interactions are reduced to encounters with case managers or paralegals rather than direct communication with your attorney, consider this an important signpost pointing toward the need for new legal representation—a move that could breathe life into your case by ensuring it receives the full engagement it merits.

Any hindrance to forward momentum in a legal proceeding can shake one’s faith in their legal team. If you feel relegated to being just another file on their desk instead of an individual facing serious personal injury concerns, such feelings can deepen any existing discontentment. Compounded by potential disagreements over strategy or dwindling trust between yourself and your lawyer, these issues underscore when seeking alternative representation is prudent. Under more extreme conditions—like if ethical questions arise regarding your attorney’s conduct or situations as grave as disbarment or death—it becomes all but imperative to secure new counsel dedicated to advancing both you and your claim’s best interests.


A personal injury client changing to new attorney in Florida


The Process of Changing Personal Injury Attorneys

Switching personal injury lawyers should be done with precision and care. To avoid any lapse in legal representation and ensure that your case stays on track, you should secure a new attorney before breaking ties with your current one. Once you’ve secured new legal counsel, formally terminate your relationship with your prior lawyer through written communication. This step is crucial not only for clarity but also as a record that can confirm the termination of services.


Moving forward, you should:

  1. Request all relevant case records from your former attorney. These documents are essential for your new lawyer to take over the case seamlessly.

  2. Have your new legal team handle the necessary notifications to the former attorney, the insurance companies, and the court, if applicable.

  3. In situations where the case is already in litigation, a formal motion for ‘substitution of counsel’ must be filed, formally updating the court records with your new legal representation.


A person reading reviews of a lawyer online


How to Find a New Personal Injury Lawyer

Searching for a new personal injury attorney requires a methodical approach. Here are some steps to follow.

  1. Ensure that the attorney you consider has a proven record of successfully handling personal injury cases similar to yours.

  2. Personal attention and direct communication are also paramount, as they can greatly influence the quality of representation you receive.

  3. To gather insights, scour online reviews and solicit recommendations from your network.

During consultations, which should be approached with a discerning mindset, ask targeted questions that will gauge the lawyer’s expertise and compatibility with your expectations. This is not just about credentials; it’s about feeling confident and comfortable in their approach to representing you. The initial step in your search is to decide to move forward and actively engage with potential candidates.

Remember, choosing a new personal injury lawyer is a decision that could significantly impact the trajectory of your case, especially when dealing with an insurance company.


Handling Potential Challenges When Switching Lawyers

Switching attorneys, especially personal injury attorneys, may present challenges, but they can be mitigated with the right approach. Acting promptly is essential, especially when considering critical aspects like the statute of limitations and the court’s view on changing legal counsel during active litigation. Maintaining the momentum of your case is another pivotal concern, as any lapse could potentially hinder your case’s progress. Ensuring there are no conflicts of interest with your new attorney and obtaining court approval for the switch are additional steps that help avoid procedural hiccups.


Your new attorney plays a vital role in this transition phase, taking on the responsibility to:

  • Manage all communications with your current attorney, previous attorney, and other parties involved

  • Liaise with insurance companies and the court

  • Ensure that your case continues to move forward with minimal disruption

Trust in your new legal team to navigate these waters and keep the focus on the ultimate goal: securing the justice and compensation you deserve.


Dealing with Financial Matters

Financial considerations are often a source of concern when switching lawyers, but in Florida, personal injury cases are typically billed on a contingency basis. This arrangement means that you won’t have to worry about paying double attorney fees, as the new and former attorneys will agree to split the contingency fee upon winning the case. If there are any outstanding fees owed to your previous lawyer, these may be handled through a lien against your settlement, ensuring that your financial obligations are met in a transparent manner.

Rosen Injury Law, understanding the financial strain that can accompany legal cases, operates on a no-fee policy. This means that fees are only charged when they win the case, providing financial relief during the transition period and ensuring that your focus remains on recovery, not on costs. The new personal injury lawyer will facilitate the transfer of case files and address any fees associated with your previous lawyer, allowing for a seamless and worry-free financial transition.


A lawyer providing legal consultation to a client


Benefits of Choosing Rosen Injury Law as Your New Legal Representation

When considering a new law firm for your personal injury case, Rosen Injury Law stands out for its specialized expertise across a spectrum of personal injury cases, from auto accidents to wrongful death claims. Clients benefit from free consultations and the assurance of working directly with their attorney throughout the entirety of their case, ensuring a level of personal attention and dedication that can be hard to find elsewhere. The firm’s commitment to securing maximum compensation for clients’ damages is unwavering, and its impressive track record speaks volumes about its capability to deliver results.

Lead trial attorney Eric Rosen brings to the table a history of securing jury verdicts totaling over $100 million, showcasing his prowess in the courtroom and his dedication to his clients’ causes. His accolades, including recognition in the Top 100 Verdicts in the United States and consistent listings in Best Lawyers®, are testament to his legal acumen and standing in the legal community. Choosing Rosen Injury Law means enlisting a powerful advocate with a proven ability to navigate complex legal landscapes and achieve significant jury verdicts.


About Eric Rosen

Eric Rosen’s beginnings at the Office of the State Attorney in Broward County, Florida, laid the foundation for what would become an illustrious legal career. As a board-certified civil trial specialist, a distinction held by less than 2% of Florida attorneys, Rosen exemplifies legal excellence and dedication to his craft. His extensive experience as a prosecutor and partner at a leading personal injury and wrongful death firm has earned him recognition as one of Southern Florida’s top personal injury lawyers.

Beyond the courtroom, Rosen’s commitment to legal education and his contributions to the field are evident. His involvement in publications and as a teacher of trial skills to attorneys across the nation reflects his passion for advancing the practice of law. His leadership is further affirmed by his array of awards and his role in securing over $400 million in settlements and verdicts, marking him as a relentless advocate who stops at nothing to secure justice for his clients.


A person handing over case documents to a new attorney


Preparing for a Smooth Transition to Your New Personal Injury Attorney

To ensure a smooth transition to your new personal injury attorney, follow these steps:

  1. Provide a formal written notice of your switch.

  2. Hand over all pertinent evidence related to your case, including photos, witness information, and accident reports.

  3. Keep your new attorney informed about the current status of your case, including pretrial discovery details and any ongoing settlement discussions.

A smooth transition involves more than just transferring case files; it requires open and candid communication with your new attorney. Address all concerns and ensure that your questions are answered to your satisfaction. By doing so, you prioritize continued legal representation that is attuned to your needs and objectives.

Remember, this is about advancing your case with a new legal team that is fully equipped and committed to fighting for your rights.



To summarize, the right to change personal injury lawyers in Florida empowers you to take control of your legal journey. From understanding your rights to the meticulous process of finding a new attorney, and handling potential challenges, every step is critical in ensuring your case is in the best possible hands. Rosen Injury Law, with its specialized expertise and personal attention, stands as a prime choice for those seeking new legal representation.

If you’re contemplating a switch, remember that your peace of mind and the success of your case are paramount. Don’t hesitate to reach out to Rosen Injury Law for a free consultation, where you can discuss your case and learn more about how we can help you achieve the justice and compensation you deserve.


Frequently Asked Questions

Can I change solicitors halfway through a claim?

Yes, you have the right to choose your own solicitor and to change solicitor mid-way through a case if you are unhappy with the way your claim is being run. It’s important to feel comfortable with your legal representation and to have confidence in the handling of your case.

Can I change my personal injury lawyer without additional costs?

Certainly, within Florida, it is your privilege to switch your personal injury lawyer whenever necessary without extra financial burden. The contingency fee will typically be shared between the incoming and outgoing lawyers, ensuring that costs remain unchanged for you.

What should I do if I’m not satisfied with the communication from my current lawyer?

If the communication from your lawyer is not meeting your satisfaction, you might think about finding a new representation that will offer the personal attention and responsiveness you are entitled to.

Why should I consider Rosen Injury Law for my personal injury case?

You should consider Rosen Injury Law for your personal injury case because they offer specialized expertise, personal attention, and a strong track record of success, led by the experienced attorney Eric Rosen.

This can significantly increase the chances of a favorable outcome.


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