If you are advancing a personal injury claim in Ontario, you have most likely already gone through a stressful event; perhaps a car crash, a slip and fall, rejection of long-term disability benefits or other severe injury. The legal process could be overwhelming, and your lawyer is at the core of helping you navigate the process.
But what about a lawyer whom you are not satisfied with?
Can you switch lawyers in the middle of your case, and more importantly, will doing so hurt your claim?
The simple answer is: Yes, you can replace lawyers in an Ontario personal injury claim, and in most cases, it will not harm your case.
Your Right to Change Lawyers in Ontario
In Ontario, clients have the legal right to change lawyers at almost any stage of their case. This right exists because the lawyer-client relationship is built on trust, communication, and confidence.
If you feel:
- Your calls or emails aren’t being returned
- You don’t understand what’s happening in your case
- Your lawyer isn’t explaining things clearly
- You feel pressured to accept a settlement
- You’ve lost confidence in their strategy
You are not required to stay.
Personal injury litigation can take months or even years to decide. When your future finances and health are at stake, it is necessary to cooperate with an individual whom you can trust and feel comfortable with.
Will Changing Lawyers Hurt My Case?
This is the most common concern, and in most situations, the answer is no.
Switching lawyers does not reset your case. Your claim continues from where it left off. Court filings, medical reports, expert assessments, and negotiations remain part of your file.
A smooth transition usually involves:
- Signing a new retainer agreement with your new lawyer
- Authorizing the transfer of your file
- Your new lawyer notifying the insurance company or opposing counsel
A personal injury lawyer can intervene, look into your file, and proceed with the claim without delay.
Common Reasons People Change Personal Injury Lawyers
Changing lawyers isn’t unusual in personal injury cases. Some common reasons include:
- Poor Communication
You should never feel left in the dark about your own case. Regular updates and clear explanations are fundamental. - Lack of Personal Attention
When you think you are being handed over to the staff and you hardly see your actual lawyer, then it might be an indicator of a misalignment of expectations. - Disagreement Over Settlement
When you feel that your injuries and long-term losses are not being considered seriously, a second opinion before accepting an offer is understandable. - Case Stagnation
Personal injury claims do take time, especially in Ontario, but long periods of unexplained inactivity can raise concerns. - Loss of Trust
Trust is everything. If it’s broken, it can affect decision-making and your comfort throughout the process.
What About Legal Fees?
One of the biggest worries clients have is:
“Will I have to pay two lawyers?”
Most Ontario personal injury lawyers work on a contingency fee basis, meaning you typically don’t pay legal fees unless your case settles or succeeds.
If you change lawyers, your former lawyer may have a claim for fees for work already completed. This is usually resolved between the two lawyers.
In most cases, fees are divided out of the final settlement; you do not pay twice.
The law in Ontario permits lawyers to claim a fee on the file as a lien, but most personal injury lawyers understand how to do it professionally, without causing disruption to your claim.
You should also know how fees will be addressed before changing your lawyer so that there are no surprises.
Does Changing Lawyers Delay the Case?
It can cause a short transition period, but typically not a major delay.
A skilled personal injury firm will:
- Promptly request your file
- Review medical evidence and deadlines
- Communicate with insurers or defence counsel
- Ensure limitation periods are protected
When Should You Think Twice?
While you have the right to switch, it’s wise to carefully consider timing if:
- Your case is days away from trial
- Mediation is scheduled imminently
- There is a complex procedural step underway
Even then, it may still be appropriate to change lawyers, but you should have a candid conversation with the new firm about strategy and timing. In particular, if you are late in the game (trial is the next step) when you switch lawyers, you will be on the hook not only for the contingency fee of your new lawyer, but also for the hourly rate of your prior lawyer, which could be significant after several years of work.
FAQs
- Is it possible to switch lawyers once I have begun my lawsuit?
Yes. You are allowed to change lawyers even when a Statement of Claim has been issued and served. Your new lawyer will contact your prior lawyer for your file and file a Notice of Change of Lawyer with the court and serve the other parties. - Will this be used against me by the insurance company?
Usually, no. As a rule, there is nothing wrong with switching lawyers, and it does not undermine your legal rights. Insurance companies are interested in evidence, medical records, liability and damages, rather than whether or not you have changed representation. That said, if you have changed lawyers multiple times, it may signal to the insurance company or defence lawyer that you are unreasonable or some other red flag. - Do I need to explain my reasons to my present lawyer?
No. No explanation is needed. Your new lawyer will write the prior lawyer and explain they have been retained. - What happens to my file?
Your file belongs to you. Once you authorize the transfer, your former lawyer must provide your documents and materials to your new lawyer (subject to any fee arrangements being addressed). Typically, the new lawyer will agree to pay the prior lawyer’s disbursements (money spent on the file) and protect their account for fees (pay it out of the settlement), subject to your right to dispute the prior lawyer’s account. - Can I get a second opinion before switching?
Absolutely. Many personal injury firms offer free consultations. A second opinion can help you determine whether your concerns are valid and whether switching would benefit your case. In many cases, your claim is already being handled properly and skillfully by your current lawyer, and there is simply a miscommunication. In these cases, it may be best to stay with your current lawyer, and there is no need to switch lawyers after all.
How to Switch Lawyers the Right Way
Here is a practical way to make a change in case you want to do so:
- Arrange a consultation with another personal injury lawyer on a confidential basis.
- Bring all the documents you can possibly have – medical reports, correspondence, and retainer agreements.
- Get straight answers on strategy, plans, and costs.
- Determine if there is simply a communication issue or some other matter that can be resolved with your prior lawyer.
- Only sign a new retainer agreement if you believe it is in your best interest to switch lawyers.
- Let the new firm handle the transition.
Your new lawyer will manage communication with your previous lawyer and ensure deadlines are protected.
The Bigger Picture: Your Recovery Comes First
An Ontario personal injury claim is not just about money; it’s about rebuilding your life.
Compensation may include:
- Medical and rehabilitation expenses
- Income loss and future earning capacity
- Pain and suffering
- Housekeeping or caregiving costs
- Long-term disability benefits
In case you are not certain that your case is being properly addressed, particularly when there is a potential for future losses, chronic pain, or disability, it can be worthwhile to get another opinion.
You only get one opportunity to resolve your claim properly.
Choosing the Right Firm Matters
When selecting (or switching to) a personal injury lawyer, look for:
- Clear, consistent communication
- Experience handling Ontario insurance claims
- Transparent contingency fee agreements
- The readiness to go to trial if the defendant is not reasonable in negotiations
- Legitimate reviews
- A client-focused approach
You need to feel knowledgeable, valued, and assured about the plan going forward.
Conclusion: You Deserve Confidence in Your Legal Representation
If your case is already being handled by an experienced injury lawyer with your best interests in mind, our advice is to try to resolve the relationship with your current lawyer. If, however, you have lost confidence in your lawyer or there has been a breakdown in the lawyer-client relationship, changing lawyers during an Ontario personal injury claim is your right, and when done correctly, it will not harm your case.
SG Injury Law offers free, no obligation, confidential consultations. We have a team of professionals with expertise in Ontario personal injury law who collaborate closely with clients in Ottawa and Eastern Ontario to ensure claims are managed comprehensively and strategically.
Whether it is related to a motor vehicle accident, the denial of your long-term disability, or any other severe injury, the presence of a proper legal advocate can be the difference between winning and losing.