You trusted your lawyer to fight for your rights after a personal injury. But somewhere along the way, something felt off. The communication dropped off. Deadlines were missed. You felt like just another number.
Now you’re wondering:
Can you change lawyers in a personal injury case?
The answer is yes and it might be the smartest move you make. But before you switch, there’s a lot you need to know. Because while your right to choose your legal representation is protected, not every firm is eager to hand you that freedom, especially if they’ve already invested time into your case.
Let’s break it all down, the facts, the risks, the red flags, and the inside tricks they don’t want you to know.
Yes, You Have the Legal Right to Change Lawyers
If you’re in Australia and involved in a personal injury claim, whether it’s related to a car accident, a workplace injury, medical negligence, or public liability you are legally entitled to change lawyers at any time, for any reason.
There are no laws that force you to stay with a lawyer you no longer trust or feel confident in. You do not have to start your claim over. An experienced personal injury lawyer can take over your case mid-way through and continue your fight for compensation seamlessly.
Common Reasons People Change Personal Injury Lawyers
You’re not alone in wanting to change. It happens more often than most firms admit.
Here are the most common reasons clients walk away from their initial lawyer:
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Poor communication: You’re tired of chasing them down for updates or answers.
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Lack of transparency: You don’t understand the strategy — or even what’s happening.
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No progress: Your case feels stuck in limbo.
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Lack of experience: They’re clearly out of their depth in personal injury law.
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Aggressive pressure to settle: You’re being pushed into a fast, low settlement.
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You feel dismissed: Your concerns are brushed aside or minimised.
Whatever the reason, if you no longer feel supported, you have every right to explore your options.
5 Red Flags That Mean It’s Time to Switch Lawyers
It’s not just about feeling uncertain, sometimes the signs are loud and clear. If you spot any of these red flags, consider it your cue to act:
1. They’re not returning your calls or emails.
A lack of communication is one of the most common complaints and for good reason. You deserve a lawyer who respects your time and keeps you updated.
2. They’ve made critical mistakes or missed deadlines.
Errors in personal injury cases can cost you thousands or result in the case being thrown out altogether.
3. You’ve been assigned to a junior or paralegal with little oversight.
You hired a lawyer not an intern. You have a right to professional, experienced representation.
4. You’re pressured into settling too soon.
Some firms push fast settlements to clear their caseloads not to get you the best result.
5. Your gut is screaming “get out.”
Sometimes the red flag is just a feeling. Trust it. This is your injury, your life, and your future.
Worried About Fees? Here’s the Truth They Don’t Want You to Know
One of the biggest fears that stops people from switching lawyers is the question of legal costs. Some firms even use this fear to pressure clients into staying.
Here’s the reality:
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You don’t pay two sets of fees. The outgoing and incoming lawyers typically agree on how to split the final legal fee.
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Most personal injury lawyers work on a ‘no win, no fee’ basis. That means the new firm may still cover costs upfront.
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You’re not liable for paying out-of-pocket just for switching. You only pay from the final settlement and the firms handle the split.
What Happens When You Switch Lawyers?
Here’s what the switch process generally looks like:
1. You sign an authority with your new lawyer.
This gives them permission to act on your behalf and request your file from your old lawyer.
2. The new lawyer handles the file transfer.
They’ll liaise with your previous firm to get all relevant documents, medical reports, and case notes.
3. You don’t need to personally notify the old lawyer.
If you’re uncomfortable, your new lawyer can take care of the entire transition.
4. Your case continues without disruption.
If the new firm is experienced, there’s no need for delays or starting over they pick up where things left off.
When Not to Change Lawyers
While changing lawyers can save your case, it’s not always the right move.
Avoid switching if:
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You’re days away from a court appearance or trial unless the new firm has immediate capacity.
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Your frustration is based on a misunderstanding that could be clarified.
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You haven’t voiced your concerns yet. (Try having an honest conversation first, some issues are fixable.)
But if you’ve already tried these steps and nothing has changed? Don’t wait.
Real Talk: Staying with the Wrong Lawyer Can Cost You
The wrong representation can mean the difference between a fair settlement and walking away with crumbs. It can mean months of wasted time, missed opportunities for compensation, and emotional burnout.
Switching lawyers isn’t betrayal it’s protecting your future.
You are not obligated to stay loyal to someone who isn’t fighting for you.
Final Word: You’re in Control
Can you change lawyers in a personal injury case?
Yes and you don’t need anyone’s permission but your own.
Whether you’ve just started or you’re halfway through, the law gives you the power to switch legal representation at any stage. And sometimes, doing so is the smartest thing you can do to protect your claim, your health, and your future.
Talk to a personal injury lawyer who will actually listen and fight for the outcome you deserve.