When injured people consider switching personal injury attorneys, the fear that most often holds them back is this: will changing lawyers hurt my case?
It’s a fair question. And the honest answer is: in most situations, no — and in many situations, switching to a more engaged attorney significantly improves the outcome.
Here’s the truth about what switching does and doesn’t affect.
1. Your Case Does Not Start Over
This is the most common misconception about switching attorneys, and it keeps people in bad representations far longer than they should stay.
When you change attorneys, the case continues from where it stands. The new attorney steps into the existing case and takes over. Evidence that has been gathered is preserved. Medical records that have been collected remain in the file. Any demand letters sent, negotiations conducted, or filings made remain part of the record.
The new attorney reviews everything the prior firm did and picks up the work from there. There is no reset button, no do-over, and no mandatory return to square one.
2. The Insurance Company Will Be Notified — and That’s Fine
One concern clients sometimes raise is whether notifying the insurance company of a representation change will somehow disadvantage them. It won’t.
Attorney substitutions are routine. Insurance companies deal with them regularly and are not permitted to draw negative inferences from the fact that a claimant changed representation. The new attorney sends a formal notice of substitution, and communications simply redirect to the new firm.
If anything, switching to an attorney with a stronger litigation reputation can actually increase the pressure on the insurance company to take your claim seriously.
3. The Statute of Limitations Still Applies
This is the most important practical concern in any switching scenario. The statute of limitations does not pause while you transition between attorneys. In Colorado, motor vehicle accident claims must be filed within three years (C.R.S. § 13-80-101); most other personal injury claims within two years (C.R.S. § 13-80-102). In Nevada, the standard deadline is two years (NRS § 11.190).
If your deadline is approaching — particularly within the next few months — this must be addressed before anything else. Your new attorney’s first priority will be assessing the timeline and ensuring any necessary filings are made promptly.
This is precisely why consulting a new attorney before terminating your current one is so important. A new attorney will identify any urgent deadlines immediately and act on them before the transition creates any gaps in coverage.
4. Evidence Is Not Lost
All evidence gathered by your prior attorney — medical records, accident reports, witness statements, expert opinions, photographs, correspondence — remains part of your case file, and your prior attorney is legally required to turn it over to you or your new attorney upon termination.
In fact, a fresh set of experienced eyes on your case file sometimes uncovers evidence that was overlooked, legal theories that were not pursued, or damages that were not fully documented. Switching attorneys can strengthen a case, not weaken it.
5. The Fee Does Not Double
The total contingency fee you pay does not increase simply because two attorneys have worked on your case. The fee is divided between the prior firm and the new firm based on the work each performed — you do not pay two separate contingency percentages stacked on top of each other.
Your new attorney will address the fee allocation with the prior firm directly. In most cases, this is handled between the two firms without requiring significant involvement from you.
*Note: You remain responsible for costs and expenses incurred by both firms. Your new attorney will explain how outstanding costs will be addressed before you make any decisions.*
6. When Switching Can Create Challenges
To give a complete and honest picture, there are circumstances where switching attorneys involves more complexity:
Active trial: If your case is days or weeks from trial, a judge may not grant a continuance to allow new counsel adequate preparation time. Switching immediately before trial is the most challenging scenario and requires careful evaluation.
Pending mediation: If mediation is imminent, the new attorney will need time to get up to speed before participating meaningfully. This is manageable but may require requesting a brief postponement.
Fee disputes with prior counsel: In some cases, prior attorneys assert a lien on the case proceeds for their fee interest. These disputes are between the attorneys and do not prevent the case from proceeding, but they can complicate the resolution of the case.
None of these scenarios make switching impossible — but they do make the involvement of a new attorney who has handled transitions before even more important.
7. What Staying Can Cost You
The flip side of this analysis is equally important: staying with an attorney who isn’t fighting for you has real costs.
- A stalled case loses evidence as time passes
- Pressure to settle early results in recoveries far below the true value of the claim
- Poor documentation of damages — particularly future medical costs and non-economic losses — permanently reduces your recovery
- An attorney who is unprepared or unwilling to litigate gives the insurance company no reason to offer a fair settlement
The risk of staying is often greater than the risk of switching.
The Bottom Line
Switching personal injury attorneys, when done correctly, does not hurt your case. It protects it. The key is to consult with a new attorney before taking any action, to ensure the transition is handled properly, and to choose a firm with the experience and resources to take your case where it needs to go.
Talk to Kim Welch Law Today
If you have concerns about your current representation, call Kim Welch Law for a free, confidential case evaluation. We’ll tell you honestly what we see and what we can do.
Colorado Springs and Las Vegas/Henderson, NV: (888) 590-5510 Website: www.kimwelchlaw.com
*Kim Welch is a personal injury attorney serving clients in Colorado Springs, CO and Las Vegas and Henderson, NV. This blog post is for general informational purposes only and does not constitute legal advice. Contact our office for guidance specific to your situation.*