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Can I Switch Lawyers in the Middle of a Personal Injury Case?

Posted By Aguirre Law | September 18 2026 | Personal Injury

If you are involved in a personal injury claim, ideally you have an experienced attorney representing you. But what happens if you aren’t happy with your lawyer? If your attorney is not providing you with the advocacy you deserve, you may be wondering if you can switch lawyers mid-case. 

The good news is, the answer is yes. Texas law gives you the right to change your representation whenever you want to. However, there are a few nuances to know about.  

This guide will explain when and how you can switch lawyers and what to know about the process. You can also reach out to the San Antonio personal injury attorneys at The Aguirre Law Firm, PLLC any time you need advice or legal help at any point in your case. 

When Can You Switch Lawyers in the Middle of a Personal Injury Claim?

You always have the right to switch lawyers. However, if your case is underway, your attorney may need to file a substitution of counsel with the court in order to take over. This is a common process and your new lawyer will be very familiar with how to do it. 

Your new lawyer should also be able to step into your case seamlessly if you find the right attorney, so you wouldn’t have to worry about any damage to your claim from making a change. Still, you don’t want to take the decision lightly. In general, it is a good idea to switch lawyers only if you have a good reason to. For example, you may want to make a change if:

  • You no longer trust your current lawyer because of a mistake in your case or other issues
  • You don’t feel like you are communicating well with your attorney or like your lawyer understands you and your goals for your claim
  • New issues have been uncovered in your case and you need an attorney with more legal knowledge about the relevant laws
  • You didn’t expect your case to go trial but it is proceeding to court and you want a lawyer with more litigation experience 
  • You feel like you are being rushed into settling your claim 

In these and other situations where you no longer feel comfortable with your current legal representation, you can and should make a switch. Your lawyer is your advocate and you need to trust them and feel comfortable with them throughout the process. 

Do You Have To Pay Legal Fees Twice?

You should not have to pay legal fees twice if you switch lawyers during a personal injury claim. You pay your personal injury attorney on a contingency fee basis, which means you only pay legal fees if your lawyer recovers compensation for you.

If you switch attorneys, your lawyers should split the fee that is paid out of your recovery, but you will not pay a higher fee than you otherwise would have if you had just one firm. Your attorneys will work out how the money will be apportioned based on the timeline for when you make the change. 

Contact a Texas Personal Injury Lawyer Today

If you are unhappy with your current legal representation and you feel like you need to make a change, The Aguirre Law Firm, PLLC is here to help. Our team offers compassionate representation, and we have a 20+ year history of delivering for our clients.

To find out more about how we can help, give us a call or contact us online today to schedule your free consultation.

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