Blog > Accident Lawyer > What Happens if You Lose a Car Accident Lawsuit?

What Happens if You Lose a Car Accident Lawsuit?

Car accident lawsuit
Car Accident Lawsuit

Losing a car accident lawsuit is uncommon, but it can occur. If you have just been in a car accident, you are undoubtedly wondering what will happen if you lose your car accident case. If you lose a car accident lawsuit, you will not be compensated and will be unable to bring a lawsuit for the same issue in the future. In some situations, you may even be required to pay the defense’s expenses. However, not everything is terrible news; you will most likely not have to pay your attorney. Worrying about losing a case, on the other hand, adds needless stress to an already stressful scenario. Take into account that most cases are settled before going to court. 

One of the most important things to do before filing a claim with an insurance company is to seek expert assistance from an attorney. Most personal injury lawyers will counsel you at every step of the process, including helping you build a strong case and negotiating a fair settlement with the insurance company. 

Is it Possible to Appeal a Personal Injury Case Decision?

Yes, a personal injury case ruling can be appealed. This, however, occurs only on very rare occasions. A case decision might be appealed for very few reasons. If the judge made a mistake or the law was not applied appropriately, the case appellation may be accepted. Nonetheless, the judges are very capable experts who do not frequently make errors that might fundamentally shift the course of a case.

If your appeal is accepted, you should be aware that appeals typically take a long time, which means that it will cost more money.

Do You Have to Pay Attorney Fees if You Lose?

As previously stated, if you lose a personal injury claim, in most cases you will not be required to pay the attorney. Car accident attorneys are typically compensated on a contingency basis. This means that they only take a fraction of the money they recover. As a result, if no money was collected, they cannot charge for their services. This is one of the key reasons why losing a personal injury case is uncommon. Because most attorneys are aware that they will not be compensated if they do not win your case, they will only accept cases that they are confident they can win. Additionally, they will help you negotiate with the insurance company, in most cases they will advise you to accept an offer if the amount of money is fair and if they know that going to court will only complicate things even more. Nonetheless, you might have to pay for some case costs that are related to the attorney. It is crucial to carefully read the contract you are signing with the lawyer you are working with to be completely sure of the possible charges you may face in the future. 

Should I Settle Instead of Going to Trial?

This is a difficult question to answer because it is dependent on a variety of things. The quantity of money you are offered is always the most crucial and deciding element. Remember that when you make a claim, you are essentially attempting to collect money to pay your medical costs, lost income, and other out-of-pocket expenses. You must know exactly how much money you will require to cover all of your expenses. If the amount of money provided to you is appropriate in relation to your expenses, it may be prudent for you to take it. If, on the other hand, you are not being offered fair compensation and you and your attorney are convinced that you have the evidence needed to prove the insurance company wrong, you can continue negotiating until you obtain a fair settlement. There are some cases where you will not be able to reach a fair compensation through negotiation and you will have to initiate a personal injury lawsuit. It is worth mentioning that if you have an experienced lawyer on your side, it is very likely that they will advise on every decision you make. Experienced car accident attorneys will know if it is convenient or not to go to court to pursue compensation. In the end, it is important to have good communication with your attorney and listen to their suggestions.

Increase Chances of Winning a Personal Injury Lawsuit

Instead of being concerned about losing a case, focus your efforts on enhancing your chances of winning your personal injury claim. Here are a few things that will help you increase your odds of succeeding in court. 

  • Work with your attorney as a team: Follow their instructions and take into account their advice. Remember that they are the experts and they want the same thing as you. It is also important to be transparent with your lawyer, provide them all the information required and do not cover parts of the story.
  • Make sure all your evidence is accurate: It is important to ensure that all the documentation that you present as evidence is correct. For example, your medical bills have to be accurate, you have to be honest about your injuries, this means that you cannot exaggerate them. If you are trying to be compensated for lost wages, make sure that the documentation that supports the amount of money that you are requesting is consistent. 
  • Look for legal advice as soon as possible: The longer you wait to find a lawyer and begin the claim procedure, the more difficult it will be to obtain adequate compensation. Starting a case quickly helps it appear more trustworthy, and it allows you to accumulate more and consistent evidence.

Don’t Worry About Losing Your Lawsuit

It is ok to be worried about losing a case, it is normal for everyone to think about all possibilities. Nonetheless, to clear your mind of preoccupations, one of the best things you can do is to look for an experienced injury lawyer or a prestigious law firm. Luckily, at Greenberg & Stein P.C. you will find both of these characteristics. We are a prestigious law firm in New York and we have some of the best and most experienced car accident lawyers. Our attorneys have helped our clients to recover millions of dollars in compensation for their damages. You can be rest assured that with our help your case is in good hands and we will do everything to help you reach a fair settlement. Schedule a free case consultation with one of our attorneys to schedule a free case analysis, call us at 212-969-8785 right now.