Can I Change Lawyers During a Car Accident Case?

After a car accident, a legal claim can start to feel like a second job. An insurance company may request documents, medical records take time to arrive, and settlement discussions can surface before you feel ready to make long-term decisions. In that context, one question comes up often: can I change lawyers during a car accident case?

At McNally Gervan, we represent some of the 50,261 injured people across Ontario (as of 2024) in motor vehicle accident claims, including files that also involve accident benefits disputes, long-term disability issues, and other insurance litigation. These files can include personal injury claims arising from an auto accident, and situations where serious injuries require ongoing documentation and coordination. Ontario law allows a client to change lawyers during a car accident case, including after a lawsuit has been started, provided the transition is handled properly and deadlines are protected.

Below, we explain how switching lawyers works, how fees and disbursements are handled, and what a second opinion can clarify before you decide.

Can I Switch to a New Personal Injury Lawyer During a Car Accident Case?

Your Right To Change Lawyers During An Accident Case

If you’re partway through an accident case and you’re considering a change, Ontario clients can generally end the solicitor-client relationship at any point, and retain a new lawyer for a personal injury case if your attorney-client relationship is no longer working in your best interest. That includes situations where a retainer has been signed and the matter is already underway. 

The key is making the transition in a way that protects your claim. Accident cases often involve strict timelines, including limitation periods and procedural requirements that can arrive quickly once a file is moving. At McNally Gervan, when we take over an active matter, our first step is to identify any upcoming dates and request the full record promptly so the case can keep progressing without avoidable disruption. 

How To Switch Lawyers Without Putting Your Claim At Risk

A lawyer change is often easier earlier in a claim, simply because there is less material to transfer and fewer strategic decisions have already been made. In many files, that reduces duplication and makes the transition cleaner.

That said, a change can still happen later, including once litigation is underway. At McNally Gervan, we review files at many stages, including after pleadings have been delivered and the matter has entered the court process. When a case is more advanced, we take a detailed approach to the record already in place, including pleadings, productions, medical evidence, accident benefits history, and any expert reports. We also confirm the next required steps so the file stays on track.

Why People Switch Lawyers in Car Accident Claims

A lawyer change usually begins with questions about the status of the file. You may want to understand where the case stands, what work is currently being done, and what the next stage will involve.

Car accident claims can involve overlapping processes. Accident benefits issues may continue while a tort claim develops. A disability insurer may also be involved. Income loss and future care issues can add additional layers. When the relationship between these pieces is not clearly explained, it can be difficult for a client to track what is happening and why.

Why A Lawyer Change Does Not Weaken A Valid Claim

Changing lawyers does not reduce the legal validity of an injury claim. Insurers, defence counsel, and the courts see lawyer changes regularly.

The practical risk is in the transfer itself. Injury cases depend heavily on documentation. Medical records, treatment notes, insurer correspondence, employment records, and expert opinions can all be important to the file. If the transfer is delayed or incomplete, the case can lose momentum. At McNally Gervan, when we take over a file, we request the full case file promptly and confirm what has been obtained, what is missing, and what the next steps are for the parties involved. 

How Fees And Disbursements Work When You Switch Counsel

Many Ontario car accident cases are handled through contingency basis agreements. If a client switches lawyers, the previous lawyer may still have a claim for payment for the work already completed based on the retainer agreement. This is usually addressed between firms, and it can affect how fees are divided at the end of the case. 

Disbursements are separate from legal fees. These are out-of-pocket costs paid to move the file forward. They can include medical records, expert reports, court filing fees, and transcript costs. Those expenses do not disappear when a file changes hands.

At McNally Gervan, when we speak with someone about taking over a case, we explain the fee structure, identify disbursements that have already been incurred where possible, and explain how the transition is normally handled.

Why A Second Opinion Can Clarify Your Next Step

A second opinion can clarify what stage a file is in, what evidence is already in the record, what has been requested, and what steps remain outstanding.

It can also help explain how accident benefits issues interact with a tort claim, and how disability disputes can affect timing. That information can be important when benefits are in dispute or when a settlement offer is being discussed, especially where financial compensation is tied closely to medical evidence and ongoing medical treatment.

At McNally Gervan, we provide consultations for people who want that type of file review before making a final decision about whether to change counsel. 

Speak With McNally Gervan About Your Car Accident Case

If you’re thinking about changing lawyers during an accident case, the law in Ontario generally allows you to do so, even if your claim is already in progress. The important part is handling the transition properly, with a clear focus on deadlines, documentation, and the next required steps in the file.

At McNally Gervan, we provide consultations for people who want a second opinion or who need new legal representation partway through a claim. If you want to speak with an Ottawa Car Accident Lawyers legal team that can review where your case stands and what needs to happen next, we can help. You can also learn more about our firm and our approach as an Ottawa Personal Injury Lawyer.

If you’re ready for clarity and a practical next step, contact McNally Gervan to schedule a free consultation and have your file reviewed.