You can change your personal injury solicitor at any point during a claim in England and Wales, including after court proceedings have started or while working under a Conditional Fee Agreement. You do not need your current solicitor’s permission, though switching may involve costs, delay and a review of your funding, so it is worth understanding the process before you act.
Feeling unhappy with the solicitor handling a serious injury claim is unsettling, particularly when you are still recovering, managing rehabilitation, or grieving a bereavement. The claim itself does not restart when you switch: it continues from the stage it has reached, with a new firm taking over the file.
How do you switch personal injury solicitor mid-case?
Switching solicitor mid-case follows a set procedure designed to move your file from one firm to another without losing progress on your claim. The steps are broadly the same whether your claim is still at the investigation stage or has already reached court proceedings.
- Find a new solicitor. Speak to a firm that handles claims of your type and confirm they are willing to take over the case, ideally through a free consultation or free claim assessment.
- Sign an authority to change solicitors. Your new solicitor sends this document to your current firm to confirm you have instructed them instead.
- Request the file. Your new solicitor writes to your current firm asking for the complete paper and digital file, including medical evidence, correspondence and any court documents.
- Notify the defendant and, where relevant, the court. If proceedings have already been issued, the court and the defendant’s insurer or solicitor need to know who is now acting for you.
- Agree new funding terms. Your new solicitor sets out the terms on which they will act, including whether the claim continues on a no win, no fee basis.
Your current solicitor is entitled to be paid for work genuinely done on the claim so far, which is usually settled between the two firms or deducted from any eventual compensation, rather than charged to you upfront.
What are the time limits for changing solicitor?
Changing solicitor does not create a new limitation period; the original time limit for your claim keeps running throughout. Personal injury claims in England and Wales are generally subject to a three-year time limit under the Limitation Act 1980, running from the date of the accident or the date you became aware the injury was linked to it.
There are recognised exceptions:
| Claim type | Time limit | Starts from |
|---|---|---|
| Standard personal injury claim | 3 years | Date of accident or date of knowledge |
| Claim on behalf of a child | 3 years | Child’s 18th birthday |
| Claim for a person lacking mental capacity | 3 years | May not run while capacity is lacking |
| Fatal accident claim | 3 years | Date of death (subject to individual circumstances) |
| Criminal Injuries Compensation Authority (CICA) claim | 2 years | Date of the criminal incident |
Because switching solicitor takes time, it is sensible to raise concerns about your current firm as soon as they arise, rather than close to a limitation deadline. If proceedings are imminent, tell a new solicitor immediately so they can check the position before agreeing to act.
What does switching solicitor mid-case actually mean?
Switching solicitor mid-case means transferring your open personal injury claim, along with its file, evidence and current funding arrangement, from one firm to another while it is still ongoing. The claim itself is not restarted: liability arguments already made, medical evidence already obtained, and any court timetable already set generally carry over to the new firm.
Common reasons claimants switch include poor communication, lack of specialist experience with serious or catastrophic injury, disagreement over how the case is being valued, or simply losing confidence in the advice being given. A claim involving brain injury, spinal cord injury, amputation or a fatality is complex, and continuity of specialist handling matters.
Many claimants also hold Before-the-Event Legal Expenses Insurance through a motor or home policy, which is checked during the free consultation.
The Success Fee, if any, is capped by law and is explained in writing before anything is signed.
Does changing solicitor cost anything?
Changing solicitor can involve a cost, most commonly a charge from your outgoing firm for the work already carried out on your file. This is separate from any success fee your new solicitor may charge if the claim later succeeds.
How this is usually handled:
- Under a Conditional Fee Agreement, the outgoing firm’s charge is often deferred and recovered from compensation at the end of the claim, rather than demanded straight away.
- Your new solicitor should explain, before you sign anything, how much of your eventual compensation could be affected by the outgoing firm’s costs.
- Ask any new firm to confirm in writing what they will charge and how outstanding costs from your previous solicitor will be settled.
This site’s no win no fee solicitors page explains how Conditional Fee Agreements work in more detail, including what happens to a success fee if you move firms partway through a claim.
The claim itself runs under the Civil Procedure Rules’ Pre-Action Protocol for personal injury whichever firm holds it, most disputes are heard in the County Court with the largest in the High Court , and any unresolved service complaint sits with the Legal Ombudsman.
Will switching solicitor affect my compensation?
Switching solicitor does not change what your claim is legally worth. Compensation in a personal injury claim is assessed as general damages, for pain, suffering and loss of amenity by reference to the Judicial College Guidelines, plus special damages, covering financial losses such as loss of earnings, care, rehabilitation and adaptations. Those heads of damage are based on your injury and its impact, not on which firm represents you.
What can change is how thoroughly those losses are identified and evidenced. A specialist firm handling serious or catastrophic injury is more likely to recognise long-term needs, such as ongoing care, home adaptations or future loss of earnings, that a generalist firm may undervalue or overlook.
Common triggers are silence for months, a settlement pushed too early, or a feeling the file is mishandled – the territory where Professional Negligence questions begin. A solicitor’s claim is also different from the offers made by Claims Management Companies, which are not law firms and cannot conduct the litigation themselves. For lower-value claims, costs questions can also engage the Fixed Recoverable Costs regime.
A solicitor’s professional Indemnity Insurance follows the retainer, so the claimant is never left without cover mid-case, and any Referral Fee the original firm received must be disclosed under the regulator’s transparency rules.
When is the right time to switch solicitor?
The right time to switch solicitor is as soon as you have genuine, considered concerns about how your claim is being handled, not at the last possible moment before a deadline. Switching earlier in a claim is generally simpler, because there is less file to transfer and fewer procedural steps already under way.
Switching becomes more complicated, though it remains possible, once:
- Court proceedings have been issued and case management directions are in place.
- A trial date has been listed.
- Expert evidence has already been commissioned and needs to be reviewed by the new solicitor.
None of these stages prevents a change of solicitor. They simply mean your new firm needs to move quickly to get up to speed and meet existing deadlines.
Does my legal expenses insurance transfer with me?
Legal expenses insurance, including any after-the-event insurance policy taken out to cover the other side’s costs if a claim is unsuccessful, is a policy in its own right and needs to be reviewed separately when you switch solicitor. It does not automatically follow you to a new firm without checking.
Your new solicitor should confirm:
- Whether an existing insurance policy remains valid once a different firm is instructed.
- Whether a new policy is needed, and if so, on what terms.
- Whether any insurance premium already paid is affected by the change.
This is a practical check for your new solicitor to carry out at the outset, rather than something to assume will simply carry over.
What funding options are available with a new solicitor?
Funding options available when you switch solicitor are generally the same as those available at the start of any personal injury claim. Most serious injury claims are funded on a no win, no fee basis under a Conditional Fee Agreement, agreed directly with the new firm once they take over your file.
Before agreeing new funding terms, ask your prospective solicitor to set out clearly how the arrangement works for your specific claim, including how any costs owed to your previous solicitor will be dealt with. The no win no fee solicitors page sets out how these agreements are structured in more general terms.
Where should you go next if you are unhappy with your solicitor?
Unhappy claimants should first raise the specific concern with their current solicitor in writing, since issues such as slow updates are sometimes resolved without needing to switch firms at all. If the concern is more fundamental, such as a lack of specialist experience with a serious injury or a loss of confidence in how the claim is being valued, seeking a second opinion from another firm is a reasonable next step.
Emaari Legal offers a free consultation to anyone considering whether to switch solicitor on an ongoing serious injury or fatal accident claim, and can arrange for a solicitor to visit you at home or in hospital within 24 hours where this is needed. This matters for claimants dealing with brain injury, spinal cord injury, amputation, serious burns or a bereavement, where travelling to an office is not realistic. Understanding how your existing claim fits into the wider personal injury claim process can also help you weigh up whether switching firms at this stage is the right decision.
If your concern is about how your current solicitor has behaved rather than the direction of your claim, you can also raise it with the Legal Ombudsman, which deals with complaints about solicitors’ service, separately from the decision to instruct a new firm.
Frequently Asked Questions
Can I change solicitors during a personal injury claim?
Yes. You can change solicitor at any stage of a personal injury claim in England and Wales, including once court proceedings have started, and you do not need your current solicitor’s permission to do so.
What do I do if I am not happy with my solicitor?
Raise the specific concern with your current solicitor in writing first, since some problems can be resolved without changing firms. If the concern relates to specialist experience or how the claim is being handled, a free consultation with another firm can help you decide whether to switch.
Can you change solicitors if you are not happy?
Yes. Dissatisfaction with communication, progress or the specialist handling of a serious injury claim is a valid reason to seek a new solicitor, and your existing claim, evidence and time limit carry over rather than restarting.
Will switching solicitor delay my claim?
Switching can cause some short-term delay while the new firm requests and reviews your file, but it does not restart the claim. Any court deadlines already in place remain in force, so your new solicitor needs to act promptly to meet them.
Free consultation on your serious-injury claim. Call 0330 441 6754 or request a callback. Request a free consultation to discuss switching solicitor on your serious injury claim.
“No win, no fee” means we act under a conditional fee agreement: if your claim does not succeed you do not pay our fees, subject to the agreement’s terms. If your claim succeeds, a success fee is deducted from your compensation, capped by law at 25% of the damages awarded for your pain, suffering and past losses, and you may be liable for certain costs in some circumstances. We explain the full terms, including any insurance you may need, before you sign anything.
About this page. This page provides general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice; the right course of action always depends on the specific facts of your situation, and the law may have changed since this page was last reviewed. Strict time limits apply to personal injury claims, usually three years from the date of the accident or the date you first knew your injury was linked to it, with important exceptions (for example for children and for people who lack mental capacity). If you think you may have a claim, take advice as early as possible. For advice about your own circumstances, contact Emaari Legal on 0330 441 6754. Emaari Legal Ltd is authorised and regulated by the Solicitors Regulation Authority (SRA number 8007172).