You have been waiting for your trial for some time. You are unsure whether the jury will favor you or side with the defendant in the car accident lawsuit.
The question is, what happens if you lose a car accident lawsuit?
Generally, if you lose your lawsuit for compensation after a car accident, you must cover the damages yourself. You could also be on the hook to pay the court and the defendant’s legal fees.
You, however, can appeal the jury’s verdict. But take your time to figure out what to do next as you consider your options when filing a lawsuit.
So, read on to find out what to do after losing a car accident lawsuit.
Can I Lose a Car Accident Lawsuit?
Yes, there is always a chance of losing your personal injury lawsuit.
Although judges and juries are unpredictable, developing a solid case proving the other party’s negligence and providing compelling proof of your injuries and monetary damages raises your chances of winning.
Most personal injury cases are settled out of court because insurance companies avoid taking the risk of paying higher compensation amounts following a jury verdict.
What Options Do I Have If I Lose a Car Accident Lawsuit?
It is difficult to accept that you lost a personal injury lawsuit. You are denied justice for your injuries and receive no compensation for your substantial financial losses.
You have injuries that need time to heal and bills to pay. How can you cover these additional expenses if you cannot count on compensation?
With car accident injuries, you can qualify for Supplemental Security Income and Social Security Disability benefits. These programs might offer essential financial help if your injuries keep you from earning a living.
Another option you might consider is filing for bankruptcy, which would safeguard your finances by wiping out your medical debt and allow you to avoid paying court costs and lawyer fees.
So, knowing that you have options even if you lose your personal injury lawsuit is crucial.
Do I Have to Pay Attorney Fees After Losing a Lawsuit?
If your personal injury attorney works on a contingency basis, you won’t owe them money if you lose the lawsuit. You should only pay the lawyer if you win and obtain compensation.
However, you could be obligated to cover court fees and the opposing party’s legal fees, worsening your financial situation.
You might not have to pay these expenses if you file for bankruptcy. Your personal injury attorney can guide you on how to file for bankruptcy.
If your attorney cannot help you, they might be willing to refer you to a bankruptcy lawyer who can.
Can I Appeal After I Lose a Car Accident Lawsuit?
So, what happens if you lose a car accident lawsuit? In certain circumstances, you can appeal the verdict after losing a car accident case.
For example, the judge probably wrongly rejected a key piece of evidence or barred an expert witness from testifying in your favor, which affected the overall verdict. Or, probably, the law was inappropriately applied to your case.
Additionally, you can claim that the jury was dishonest or that the judges were prejudiced against you.
You can file an appeal within 30 days of the initial verdict, although this is uncommon since the Appellate Court will take more time to hear your case, and it will have a higher toll on your finances.
Don’t assume that the Appellate Court will overturn the initial ruling in your case. The success rate for appeals is relatively low.
Furthermore, since legal processes in higher courts are more complicated, hiring a lawyer to help you is advisable.
Is It Common to Lose a Car Accident Lawsuit?
No. Losing a vehicle accident lawsuit is uncommon since most settle before trial. Personal injury attorneys usually only accept cases they are confident in winning.
That is why most personal injury attorneys offer a free initial consultation to review your case. Most lawsuits settle because insurers are reluctant to risk paying more than they could spend in a settlement.
What If I’m the Defendant?
If you are the defendant in an automobile accident case and you lose, you or your insurance company are responsible for paying the plaintiff the sum the jury decides to award them.
The loss can be substantial. There is a good chance that your insurance premiums will increase. But are your assets in jeopardy?
If you are afraid that losing the case could lead to losing your house, the Florida Constitution has a homestead exemption that protects the at-fault motorist’s home in most cases.
So, try securing your assets immediately after an accident by determining which assets are protected from collection. Under Florida law, you have various options for protecting your assets.
For example, if you contribute more than half of the cost, your wages are exempt from garnishment if you offer more than half the support for a child or dependent. Your personal injury lawyer can explain the options that apply to you.
Talk to an Experienced Car Accident Attorney Today!
Losing your car accident lawsuit in court does not mean you don’t have alternative options.
At Legal Giant, we can link you with an experienced lawyer who will assemble a compelling argument on your behalf and prepare you for the prospect of losing at trial so you can take the next step immediately.
Our partner car accident lawyers can also help file an appeal and help you know your options after losing a case.
Contact us at (855) 740-5024 to learn about your legal options.
