I Already Hired a Lawyer for My Accident, Can I Switch to Wolfson & Leon?
Yes, you can generally switch personal injury lawyers in Florida at almost any stage of your case, including after signing a contingency-fee agreement. You do not need your current lawyer's permission, and Wolfson & Leon can handle the entire transition for you. The two-year deadline under Fla. Stat. § 95.11 keeps running while you switch, so the sooner you act, the better.
Yes, you can generally switch personal injury lawyers in Florida at almost any stage of your case, including after signing a contingency-fee agreement. You do not need your current lawyer’s permission, and Wolfson & Leon can handle the entire transition for you. The two-year deadline under Fla. Stat. § 95.11 keeps running while you switch, so the sooner you act, the better.
Can I actually switch lawyers after I’ve already signed papers?
Yes. Signing a retainer agreement does not lock you into that law firm forever. Under Florida Bar Rule 4-1.16, you have the right to discharge your attorney at any time, with or without cause. This is your case, not the firm’s. People in Hialeah often ask, “Can I switch lawyers after hiring one for my accident?” or “I already have a lawyer but want a better one for my car crash injury, can I fire them?” The answer is yes, unless you have already signed a final settlement. If you were approached at the scene or right after treatment at a clinic and felt rushed into signing, you are not stuck. Florida law puts control of the case in your hands, not the lawyer’s.
Will I have to pay two lawyers? How does the first lawyer’s fee work?
Usually, you do not pay two full fees. In many cases the first lawyer’s share comes out of the overall contingency fee rather than adding to it, so ask the new firm to confirm this in writing. The first lawyer may claim the reasonable value of services already performed, but that amount is generally capped at what the original contract allowed, per Rosenberg v. Levin (Florida Supreme Court). That negotiation usually happens between the firms, not out of your pocket. The first lawyer may also file a charging lien, which means they claim a portion of your eventual recovery to cover their past work or costs like medical record copies or filing fees. These details are complex, and we’ll review them with you in a free consultation.
How does my file, and my medical records, move to the new firm?
You do not need to chase down your own file. Once you hire Wolfson & Leon, we typically send a formal termination letter to your prior firm and request the complete case file. Florida Bar Rule 4-1.16 requires the outgoing attorney to surrender all papers and property you are entitled to, including medical records, imaging studies, police reports, photos, insurance correspondence, and court filings. You have the right to obtain copies of your medical records under Fla. Stat. § 456.057, and your old lawyer should not withhold them as leverage. Crash reports are confidential for 60 days under Fla. Stat. § 316.066, but your new attorney qualifies for immediate access once retained. We coordinate directly with providers and insurers to keep your care and claim moving.
The clock never stops: what happens to your deadlines while you switch?
Switching lawyers does not pause or reset the statute of limitations. For accidents on or after March 24, 2023, you have two years from the crash date to file a lawsuit under Fla. Stat. § 95.11. If your injury happened before that date, a different deadline may apply, and a lawyer must review your specific facts. Florida law allows limited tolling of the deadline only in narrow circumstances listed in Fla. Stat. § 95.051. For minors, the deadline pauses only in limited situations, and evidence still fades over time, so acting quickly matters. If you are within a few months of the two-year mark, contact a new firm immediately. Do not assume the deadline changes just because you change counsel.
Good reasons to switch, and weak ones that probably won’t change anything
Strong reasons to switch include: you never speak to the actual attorney, only staff; your case has stalled for months; you were pressured to accept a low offer; you signed with a firm right after treatment without research; the firm does not speak Spanish and you need clear communication; or the office is far from Hialeah. These reflect real breakdowns in representation. Weak reasons alone rarely improve outcomes: wanting faster results when your medical treatment hasn’t finished, general frustration with the legal system, or a friend recommending another lawyer without a specific problem. Language matters, Wolfson & Leon serves Hialeah clients in Spanish, and that is a valid reason to switch if your current firm does not communicate in your preferred language.
How do you start? What happens at a free consultation with Wolfson & Leon?
Call us at 305-965-3766 or reach out online in English or Spanish. We’ll listen to your situation and decide whether to take your case. If we do, we handle everything: drafting the termination letter to your prior attorney, requesting your full file, notifying insurers and doctors, and, if a lawsuit is already filed, filing the court papers needed to substitute counsel. You do not have to call or confront your old lawyer. There is no upfront cost, and we review your file immediately for missed opportunities or urgent deadlines. Our office is in Hialeah, and we serve clients across Miami-Dade.
Frequently asked questions
Can I switch lawyers if my personal injury case is already in lawsuit stage?
Yes. If a lawsuit is pending, your new attorney files a substitution-of-counsel document with the court. Judges typically approve these requests unless there is a risk of delaying trial.
Will switching lawyers hurt my case or slow it down?
Not if done promptly and professionally. At Wolfson & Leon, we move quickly to get your file and keep your claim on track. Delays usually come from waiting too long to make the change.
What happens if my first lawyer refuses to release my file?
Florida Bar Rule 4-1.16 requires an outgoing lawyer to surrender the papers and property you are entitled to. We will request the file formally and advise you on next steps. You also have the right to obtain copies of your medical records.
I was hurt before March 24, 2023, does the two-year deadline still apply to me?
No. Different deadlines applied before that date. A lawyer must review when your accident happened to determine which rule controls your case.
Can I switch lawyers even if the insurance company has already made an offer?
Yes. Accepting an offer ends the case, but if you have not signed a settlement, you are free to change lawyers and reassess the offer with new counsel.
Hurt in an accident in Hialeah? Call Wolfson & Leon at 305-965-3766 for a free consultation. We speak Spanish, and there is no fee unless we win.
Key facts
- Florida clients have the right to discharge their attorney at any time, with or without cause, under Florida Bar Rule 4-1.16. Source: Wolfson & Leon
- When a client fires their lawyer, the discharged attorney is generally entitled to the reasonable value of services already performed (quantum meruit), capped at the maximum fee in the original contract, not a full duplicate fee from the client. Source: Wolfson & Leon
- For most Florida negligence injuries that occurred on or after March 24, 2023, a lawsuit must be filed within two years of the accident date; switching lawyers does not pause or reset this clock. Source: Fla. Stat. § 95.11
- When a lawsuit is already filed, a change of attorneys is handled through a filing with the court under Florida's rules of judicial administration. Source: Wolfson & Leon
- Patients have the right to obtain copies of their medical records; when representation ends, Bar rules require the outgoing lawyer to surrender papers and property to which the client is entitled. Source: R. Regulating Fla. Bar 4-1.16; Fla. Stat. § 456.057
Frequently asked questions
Can I switch lawyers if my personal injury case is already in lawsuit stage?
Yes, you can generally still switch even after a lawsuit has been filed. When a case is in litigation, your new attorney typically files a substitution-of-counsel document with the court to formally step in while the outgoing attorney files a motion to withdraw. Courts generally approve these requests, though a judge may ask questions if the switch threatens to disrupt imminent hearings or a trial date that is very close. The earlier you act after filing, the smoother the transition tends to be.
Will switching lawyers hurt my case or slow it down?
A switch early in the case rarely causes meaningful delay. If a lawsuit is pending and deadlines are approaching, there is a short adjustment period while the new firm reviews the file, but work already completed generally stays with the case. The greater risk is waiting too long to switch when you are unhappy: a case that sits idle with the wrong firm loses time and evidence. Acting sooner rather than later generally protects, not harms, your outcome.
What happens if my first lawyer refuses to release my file?
Florida Bar Rule 4-1.16 requires an outgoing attorney to take steps to protect the client's interests, including surrendering papers and property the client is entitled to receive. You have the right to obtain copies of your medical records under Fla. Stat. § 456.057, and no lawyer can lawfully withhold them to coerce continued representation. An outgoing firm may assert a lien over the eventual settlement proceeds for unpaid fees or costs, but that is different from blocking the file transfer. If a prior firm refuses to cooperate, your new attorney can advise you on the appropriate steps.
I was hurt before March 24, 2023, does the two-year deadline still apply to me?
No. Florida's two-year statute of limitations under Fla. Stat. § 95.11 applies to personal injury claims arising from accidents on or after March 24, 2023. If your accident happened before that date, a different limitations period may apply to your case. Because the rules depend on when your injury occurred, you should tell your new attorney the exact accident date at your first consultation so the correct deadline can be identified immediately.
Can I switch lawyers even if the insurance company has already made an offer?
Yes, as long as you have not signed a final settlement agreement. Receiving an offer, or even telling your current lawyer you are interested, does not bind you. Once you sign the settlement release, however, the case is generally closed and usually cannot be reopened. If you feel your current lawyer is pressuring you to accept an offer that seems too low, getting a second opinion before signing is one of the strongest reasons to consult a new firm immediately.
This article is general information about Florida law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different and past results do not guarantee a similar outcome. For advice about your situation, call Wolfson & Leon at 305-965-3766 for a free consultation.
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