You may have been waiting for your day in court for a while. However, there’s a chance the jury could side with your opposition. If you lose your case for compensation, you’ll end up having to pay for the damages yourself, and you’ll also likely be on the hook to pay court and the other side’s attorney fees.
There are options you can consider after losing your lawsuit, one of which is appealing the decision. But just as you took time to consider your options before filing a lawsuit, you should take time to choose what to do next. A personal injury lawyer from our firm can help.
Can You Lose a Car Accident Lawsuit?
Yes, there’s always the possibility that you could lose your personal injury case. Judges and juries aren’t always predictable, but building a solid case demonstrating negligence of the other party and presenting strong evidence of your injuries and financial losses increases the likelihood of securing a verdict in your favor.
Most personal injury lawsuits settle out of court because insurance providers would rather not risk having to pay a larger compensation amount after a jury verdict.
What Options Do You Have if You Lose a Car Accident Lawsuit?
Losing a personal injury lawsuit isn’t easy to accept. You’re left without justice for your injuries and receive no compensation to cover your substantial financial losses. You have bills to pay and injuries that require healing. You can’t rely on compensation, so how can you afford these new expenses?
You may qualify to receive Social Security Disability benefits due to your injuries, and you could qualify for the Supplemental Security Income program. Both of these benefits can provide crucial financial relief if your injuries prevent you from working.
Declaring bankruptcy is something else you can consider as it would protect you financially by discharging your medical debt and help you avoid paying court and attorney fees. Even if you lose your personal injury case, it’s important to remember that you still have options.
Do You Have to Pay Attorney Fees After Losing a Lawsuit?
If your personal injury lawyer works on a contingency fee basis, you won’t have to pay them if you lose your case. You only pay your attorney if you win and receive compensation. However, you may be responsible for paying the court fees and the other side’s attorney fees, which would only add to your financial woes.
If you declare bankruptcy, you could avoid paying these costs. Your lawyer can counsel you about declaring bankruptcy. If your personal injury lawyer can’t help you, they may be able to refer you to a bankruptcy attorney who can.
Can You Appeal After You Lose a Car Accident Lawsuit?
You can appeal the decision if you lose a car accident lawsuit, but only under certain circumstances. For instance, perhaps the judge made an error that impacted the verdict (such as wrongly rejecting a crucial piece of evidence or not allowing an expert witness to testify on your behalf). Or maybe the law wasn’t properly applied in your case.
In addition, you might be able to contend that members of the court were biased against you or that there was jury misconduct. You must file your appeal within 30 days after the initial verdict, but this is rare because it will take even more time for the Appellate Court to hear your case and it will cost you more money.
You should not expect the Appellate Court to reverse the original verdict in your case. Only a small percentage of appeals are successful. And since higher courts have more complex processes, we recommend having a lawyer to guide you through it.
Is it Common to Lose a Car Accident Lawsuit?
No. It’s not common to lose a car accident lawsuit as most car accident lawsuits settle out of court. Personal injury lawyers usually only take on cases they believe they can win. This is why many personal injury lawyers offer to evaluate your case during a free consultation.
The reason most cases settle is that insurance companies don’t want to risk having to pay a larger amount due to a jury verdict in your favor than they could perhaps pay in a settlement.
What if You Are the Defendant in a Car Accident Lawsuit?
If you are the defendant and you lose a car accident lawsuit, you or your insurer must pay the plaintiff the amount the jury awards them in their verdict. This can be a heavy loss. Your insurance premiums will almost certainly increase. But are your assets at risk?
If you worry that losing a car accident lawsuit could cost you your home, the Florida Constitution contains a homestead exemption that protects the home of an at-fault driver in most cases.
You should seek to protect your assets as soon as possible by determining which assets have protection from collection. There are many options to protect your assets under Florida law. For instance, your wages are exempt from garnishment if you provide more than half of the support for a child or dependent. A lawyer can explain which options might apply to you.
Learn More About What Happens if You Lose a Car Accident Lawsuit Today
You may not get the outcome you want in court, but that doesn’t mean you’re out of options. We are confident that we can build a solid case for you and can also take the time to prepare you for the possibility of losing in court so you can make your next move immediately.
A lawyer from our firm can help you file an appeal and provide you with options should you lose your case.
To learn more about what happens if you lose a car accident lawsuit, or to schedule a free consultation with a personal injury attorney from GED Lawyers, please contact us today.