31 Aug Losing a Personal Injury Case: What You Should Know
What Happens if You Lose a Personal Injury Case
Pursuing a personal injury claim is seldom as simple as presenting a statement of what happened, how you feel, and how much you’re expecting to recover in damages. Often, there are many misconceptions about personal injury cases. Many personal injury claims settle before a lawsuit is ever filed in court. Usually, you may be able to settle your case for a reasonable amount prior to going to trial. However, if you do go trial, there is some risk involved.
Many personal injury victims wonder what will happen if they file a personal injury claim and lose. It can be frustrating to invest your time and money only to feel like you’ve failed. Finances and associated legal fees can often become worries. You may wonder to yourself, “what happens if I lose a personal injury case?” This article will help answer your question and guide you if you’ve lost a personal injury case.
So, what happens if you lose a personal injury case? If you lose your personal injury case at trial, your personal injury lawyer may request a new trial, or you may have the opportunity to appeal your case. After the initial verdict has been reached, your attorney may request a new trial. It may be possible to get a settlement that helps pay for any or all of your medical bills.
However, if a jury is in favor of the defendant, this could be unlikely. If you are granted a new trial, it’s possible to point out errors in the evidence presented or mistakes in any ruling made by the judge.
An appeal process is not quick and can further extend the process. Typically, there may be a mistake of law or some other evidentiary issue for a higher court to overturn a decision in your personal injury case. If an appellate court is reviewing your claim, it does not consider new evidence or reweigh the evidence that you presented during the trial. An appellate court tends to focus on the legal analysis involved in your case.
Other than an appeal, there isn’t any other recourse for an individual who loses their personal injury case at trial. Depending on where you live, you may or may not be allowed to refile for a second or subsequent time after losing. This does not depend on if you discover new evidence about your personal injury claim. It’s essential to ask your personal injury lawyer if you can refile if you lose your case at trial because they’ll know your options best.
Typically, you don’t have to worry about attorneys’ fees if you don’t recover any damages from your personal injury case. Most personal injury lawyers handle personal injury cases on a contingency fee basis.
This means that you do not have to pay a retainer or any attorneys’ fees upfront to be represented. You only pay for attorneys’ fees if you receive a settlement or damages award in your personal injury case.
Under specific laws, if you lose a personal injury suit and do not receive a damages award, you will be responsible for paying your opponent’s trial costs. This can include copy expenses, deposition costs, and fees for subpoenaing witnesses. Talk to your personal injury lawyer beforehand to determine if this is a possibility.
When you lose a personal injury case, you still have options. It’s best to get advice and counsel from an experienced personal injury lawyer who can best determine your options based on your situation and help you make the best decisions for you and your family.
Reasons Why You Can Lose Your Personal Injury Case
Sometimes a person’s misconception can cause issues that lead to claims being lost or settled on less favorable terms. Several things can cause you to lose your personal injury case. By having an understanding of these things, you can help to prevent losing your case.
Personal Injury Cases Lost Due To Poor Representation
Having proper representation can help prevent you from losing your personal injury lawsuit. The process of a personal injury claim is complicated. It consists of filing paperwork with the appropriate parties that are believed to be responsible for damages, working with the court to see that everything is filed before expected deadlines according to the law, and negotiations.
If you try to make a claim without a personal injury attorney, you may end up signing paperwork that you don’t fully understand. These documents can include waiving your rights to future claims, or admissions of wrongdoing or recognitions of particular procedures.
If you don’t have the proper understanding, it may be challenging to determine whether a specific document should be signed. For all areas of the personal injury process, it’s essential to have professional legal counsel. Their experience and expertise help to streamline the process of filing a lawsuit.
Personal Injury Cases Lost Due To Contributory Negligence
A case may be lost due to contributory negligence. When pursuing a personal injury claim, it is seldom one party’s fault entirely. This leads to splitting the responsibility. This can sometimes lead to the claimant being held more accountable than the defendant, which leads to no award of damages.
Even in a case where the defendant is held more responsible, the difference between the percentages of responsibility can increase your total compensation. Just because you were injured does not mean that you have no fault in what happened. It’s crucial that you speak with a personal injury lawyer to help determine the level of responsibility you had in the accident.
Personal Injury Cases Lost Due To Fraudulent Behavior
Fraudulent behavior can lead to a claim’s dismissal, counterclaims, and possibly end in criminal charges against the claimant. It can be easy to assume that a personal injury claim is a chance to get a hefty sum of money or to bring justice to your situation. However, that mindset can lead to issues, especially if you don’t have legal representation. Even claiming that your pain is more significant than it actually is can lead to a bad outcome.
Personal Injury Cases Lost Due To Social Media
Social media can be used to negate your claim. You should be concerned about the possibility that your social media feeds or those of friends will be used as evidence against your claim. This can include posting often about how good you feel, which can be presented as evidence to negate your pain and suffering.
Personal Injury Cases Lost Due To Lack of Documentation
Lack of documentation can lead to losing your personal injury claim. It’s vital to be as thorough as possible when documenting anything associated with an incident that leaves you injured. One of the first things you can and should do is file a report.
By filing an account with the police, you can develop an official record of the incident. Law enforcement is also seen as a credible source by courts and insurance companies. It’s also recommended that you document your experience by keeping a diary of each day following the incident. This can help you present a better, full picture of how your injuries affect you and your daily life. Not being able to get out of bed without assistance can aid you in staking your claim.
Personal Injury Cases Lost Due To Speculations and Misstatements
Speculations and misstatements can also lead to losing a personal injury claim. During the personal injury process, the insurance company may connect you with a claims adjuster. It’s essential that you don’t provide unnecessary speculations. As the claimant, you should not speculate why something happened or what someone’s motivations were.
It’s best to talk with your personal injury lawyer about your speculations rather than spilling them to an adjuster. Your personal injury attorney could help you hire an investigator to pursue these speculations. When in doubt, only talk about what you know or decline to comment until you’ve received legal counsel.
Personal Injury Cases Lost Due To Downplayed Injuries
People often minimize issues, downplaying their injuries or struggles, leading to reducing a claim or having it dismissed. Whether you don’t want to create tension between yourself and the defendant or you don’t want to seem weak, it’s common for people to downplay their issues.
However, this can lead to an insurance company dismissing your claim or reducing your request. You deserve the appropriate compensation, especially if you’re experiencing severe debilitation. Even though it’s easy to minimize issues, you should also keep in mind not to do the opposite and claim maximized issues.
Lastly, don’t go through the process of pursuing a personal injury claim by yourself. Relying on an experienced personal injury lawyer to help you is the best option to reach the compensation you are seeking. Whether you hire a personal injury attorney or not, having one helps create a more straightforward, streamlined process. There’s always a risk of losing your claim, but it’s better to have legal counsel by your side every step of the way.
Whether you lose or win a personal injury lawsuit, you should have the right person to advise and counsel you throughout the process. Truskett Law has over 13 years of experience as a personal injury law firm. We exclusively practice personal injury law and are dedicated to helping those who need it. Contact us today by phone at 918-392-5444 or contact us here for a free consultation.