How to Switch Personal Injury Lawyers in NYC: A Step-by-Step Guide

If you are handling a personal injury claim in New York City and you feel ignored, rushed, or unsure that your case is being handled correctly, you are not stuck. In most situations, you can switch personal injury lawyers in NYC even if your case is already underway. The key is to do it the right way so you protect deadlines, preserve evidence, and maintain settlement leverage.

Greenstein & Pittari, LLP helps injured New Yorkers in Manhattan, Brooklyn, Queens, The Bronx, and Staten Island smoothly and professionally change attorneys.

Call 1-800-VICTIM2 (1-800-842-8462) for a FREE, confidential consultation.
The call is free. The consultation is free. You pay no fee unless we win.

Can you switch personal injury lawyers in NYC during a case?

Usually, yes. New York clients generally have the right to end the attorney-client relationship and hire new counsel. If a lawsuit has been filed, a formal change of attorney or substitution filing is typically required so the court and all parties know who represents you.

Timing matters. Courts focus on keeping cases moving. If a change happens right before trial or a major court deadline, the judge may review whether the switch would cause unnecessary delay.

If you are being pressured to sign settlement papers, pause and get advice before signing. Once you sign a final settlement release, your options are often limited.

Signs it may be time to change personal injury attorneys in New York City

People usually switch lawyers for practical reasons that affect the value of their case and their peace of mind.

• Calls or emails go unanswered, and you get no meaningful updates
• The plan is unclear, and the strategy is not explained in plain English
• Your case feels stalled with long gaps and no real progress
• You feel pressured to take a quick, low settlement
• Deadlines feel shaky, or paperwork seems sloppy
• Important facts are misunderstood, or repeated mistakes keep happening
• Trust is gone, and you no longer feel protected

You deserve a legal team that treats your claim like it matters, because it does.

Mistakes to avoid when switching lawyers in NYC

Switching can help your case, but only if you avoid common missteps.

Do not fire your current lawyer before you hire a new one

A gap in representation can lead to missed deadlines, confusion with insurers, and loss of leverage.

Avoid last-minute attorney changes when possible.

Changing lawyers right before a hearing, mediation, conference, or trial can create scheduling problems and invite court scrutiny.

Make sure the transition is documented and complete

A clean switch usually involves a new retainer agreement, written termination notice, complete file transfer, and notices to the insurance company and opposing counsel. If a lawsuit is pending, substitution paperwork is typically filed with the court.

Step-by-step: how to switch personal injury lawyers in NYC without losing momentum

Step 1: Get a second opinion from a new NYC personal injury lawyer

Before you terminate anyone, confirm the new firm can take your case and step in immediately. Expect the new lawyer to ask about:

• Whether your claim is pre-lawsuit or already filed in court
• How the accident happened and what evidence exists
• Your injuries, treatment status, and documentation
• Insurance coverage, claim posture, and settlement discussions
• Upcoming deadlines, court dates, or motions
• Any offers, demands, or release documents

Step 2: Review your current retainer agreement

Most NYC personal injury cases are contingency fee cases, meaning attorney fees are paid from the recovery if the case succeeds. Your agreement may also address:

• Case expenses such as medical records, filing fees, experts, transcripts, and investigations
• What happens if representation ends early
• How disputes, liens, or fee allocation are handled

Step 3: Sign a new retainer agreement with your new law firm

This lets your new attorney act immediately, protect deadlines, request the file, and take over communications.

Step 4: End the relationship with prior counsel in writing

Written termination avoids confusion. In many cases, your new lawyer prepares and sends the notice so you do not have to manage a stressful conversation.

Step 5: Transfer the complete case file

Your new firm should request everything needed to keep the case moving, including:

• Claim numbers, adjuster contacts, and insurance correspondence
• Medical records, medical bills, and authorizations
• Accident reports, photos, videos, and witness information
• Demand packages, settlement offers, and negotiation history
• If a lawsuit is filed, pleadings, discovery, motions, and court orders
• Any lien information

Step 6: If a lawsuit is filed, complete the change of attorney paperwork

In an active NYC lawsuit, the new attorney typically files the substitution or change-of-counsel documents and serves notice so the court and parties recognize the new counsel.

Step 7: Address fees, liens, and costs correctly

A prior attorney may assert a charging lien on the recovery, commonly discussed under New York Judiciary Law § 475. In many cases:

• You do not pay two contingency fees
• The total contingency percentage often stays the same
• The prior and new firms usually work out a fair split based on work performed
• If firms cannot agree, a court may decide what is fair
• Case costs and expenses are different from attorney fees and should be discussed early

If you believe serious misconduct or neglect occurred, tell new counsel before you terminate the prior firm. “For cause” issues can affect fee rights, and the analysis is fact-specific.

Will switching lawyers delay a personal injury case in NYC?

Sometimes there is a short transition while new counsel reviews the file and confirms deadlines. But staying with the wrong lawyer can cost far more if evidence goes stale, documentation is not developed correctly, or settlement leverage is lost.

A well-managed transition focuses on speed and continuity.

Will I have to pay my old personal injury lawyer if I switch?

It depends on the fee arrangement and what has already been done.

• In contingency fee cases, the prior attorney may claim a portion of the fee for work performed, usually handled from the recovery rather than as a new out-of-pocket bill
• In hourly cases, you may owe for time already billed
• Advanced case costs may need to be reimbursed from the recovery, depending on the agreement

Your new lawyer should explain what to expect before the switch is finalized.

Switching lawyers during settlement negotiations

It is not too late to switch during settlement talks. Many people change lawyers when negotiations stall or when they are pressured to accept a low offer.

Switching is crucial to consider if you are being asked to sign documents you do not understand. Once a settlement release is signed, options are often limited.

What to bring for a fast NYC case review

If you have these items, bring them. If you do not have them, we can help you obtain them.

• Your current lawyer’s name and firm
• Your retainer agreement
• Claim number, insurer, and adjuster information
• Court index number if a lawsuit is filed
• Medical treatment timeline and provider list
• Settlement offers, demands, or release documents

NYC personal injury cases we handle

Greenstein & Pittari, LLP can often take over cases involving:

• Car accidents, Uber and Lyft crashes, and taxi accidents
• Truck and delivery vehicle crashes
• Motorcycle and bicycle accidents
• Pedestrian accidents
• Slip and fall and premises liability claims
• Construction accidents and New York Labor Law claims
• Serious injury and wrongful death cases

Free consultation: talk to a NYC personal injury lawyer about switching attorneys

If you feel ignored, rushed, or uncertain about your case, get clarity before you lose time or accept less than your claim may be worth.

Call Greenstein & Pittari, LLP at 1-800-VICTIM2 (1-800-842-8462).
Free call. Free consultation. No fee unless we win.

FAQ: Switching personal injury lawyers in NYC

Can I switch personal injury lawyers in NYC at any time?

In most situations, yes. If your case is in court, formal substitution paperwork is typically required.

Can I change lawyers after my personal injury lawsuit is filed in NYC?

Usually yes. Your new attorney will file the change of attorney paperwork and notify all parties.

Can a judge deny my request to change attorneys?

Rarely, but it can happen if the change would cause significant disruption or unnecessary delay, especially right before a trial or a critical deadline.

Do I need to tell my lawyer why I am switching?

Not necessarily. You can keep it brief. What matters is a written notice and prompt file transfer.

Will switching lawyers restart my case?

Usually no. Your new lawyer takes over the existing file, deadlines, and posture of the case.

Will switching delay my case?

It can create a short transition while new counsel reviews the file. Switching earlier typically reduces disruption.

Will I owe two contingency fees if I switch attorneys?

Typically not. The original contingency fee is often divided between firms based on work performed.

What is a charging lien in New York?

A charging lien is a claim by a prior attorney against the recovery in a case, often discussed under Judiciary Law § 475, and it can affect how fees are allocated from a settlement or judgment.

Can my old lawyer refuse to release my file?

They are generally expected to cooperate and provide the file needed to protect your interests. If there is resistance, your new attorney can take steps to secure the materials.

Is it too late to switch if settlement negotiations are happening?

Not necessarily. Many people switch during negotiations. Timing matters if deadlines are near or if a release is about to be signed.

What if I already signed a settlement release?

If you signed a final release and the settlement is complete, it may be too late to change the outcome unless there is serious wrongdoing.

Why Choose Greenstein & Pittari, LLP?

Greenstein & Pittari focuses exclusively on personal injury law with a proven track record of results, responsiveness, and relentless advocacy. Our motto is Don’t Be a Victim Twice.

• Local Harlem office for convenience and trust
• No fee unless we win, our Fee Guarantee
• Bilingual services available
• Hundreds of positive client reviews and testimonials
• We handle the insurance companies so you can focus on healing
• Top-rated, award-winning lawyers, including Best Lawyers and Super Lawyers
• Seven convenient New York locations: Harlem, Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County

Do not be a victim twice. Call 1-800-VICTIM2 (1-800-842-8462) to schedule your confidential consultation.