If you file a personal injury lawsuit and lose, you may walk away with nothing. That means no compensation for your injuries, and you could be responsible for medical bills and other expenses from the accident. You could also be responsible to pay for the other party’s litigation costs and attorney’s fees depending on the circumstances. A good personal injury attorney will help you methodically evaluate this risk prior to going to trial.
An Orlando personal injury lawyer can help you understand what this outcome means and how to move forward. At DWK Law, we know how stressful it is to invest time and energy into a case, only to face a denial or loss. Many clients ask, “What happens if I lose my personal injury claim?” The answer depends on the specifics of your case, but in general, losing means you’re left to shoulder the financial burden alone, and may be responsible for the other party’s costs and fees.
Can I appeal the ruling in my personal injury case?
When you lose a personal injury case, it can be tempting to immediately appeal. However, you must usually show some kind of significant error in your initial trial before filing an appeal. Common reasons can include:
- The courts misattributed a law or statute
- Insufficient evidence for the jury’s verdict
- Judicial misconduct
- Procedural errors
If you have concerns that one of the qualifying conditions applies to your case, you may want to seek the help of an experienced personal injury attorney. The personal injury lawyers at Delleker, Wilson, King, McKenna, Ruffier & Sos can help you review the information and determine whether you have legitimate grounds for appeal.
Who is responsible for my bills if I lose?
If you lose your personal injury case, you will be responsible for all associated costs. This often includes lost wages, medical care, and property repairs. These costs can quickly spiral out of control after a serious car accident.
The financial burden of an accident can be substantial, and while Florida’s fault requirements may allow you to recover a portion of your losses up to the policy limit, this might not be enough. You may still need to consider less desirable options, such as bankruptcy. Our team at DWK Law works on a contingency basis, which means you won’t owe us attorney fees unless we win your case.
What can cause me to lose my personal injury claim?
Winning a personal injury claim requires the plaintiff to provide sufficient evidence. In a civil case, this means your evidence is strong enough to convince others that it was more likely than not that the accused was responsible. Some of the other common reasons people may lose their case include:
- Delayed medical treatment
- Poor documentation, such as missing medical records or police reports
- Posting about your accident or recovery on social media
- Misrepresenting your injuries
- Inconsistency in your story
Your statements must be simple and factual. Attempts to exaggerate or downplay your injuries can be incredibly detrimental to the outcome of your case.
The role of negligence and comparative fault in your personal injury loss
You may begin your personal injury claim thinking that the other person is ‘obviously’ at fault. Unfortunately, few things in lawsuits are ‘obvious’. If the other party can make the case that you are more than 50% negligent, you could lose your case entirely, and in some rare cases, even owe damages to the other party
In many cases, you can avoid this by working with competent legal representation that can help you avoid taking on unwarranted liability. The comparative negligence laws in Florida apportion damages according to your liability. Even if you were partially responsible for the accident, we can often help ensure that you recover at least a portion of your damages.
If you assume fewer than 51% of the responsibility, you may still recover damages minus that percentage. So if you receive 25% of the responsibility for an accident with $100,000 in damages, you can recover $85,000. However, if you take on 51% of the responsibility, you are no longer eligible to recover damages.
Call DWK Law to protect yourself against a personal injury loss
If you’re worried about losing your personal injury claim, you’re not alone. The legal process can feel overwhelming, especially when you’re recovering from serious injuries and facing financial stress. At DWK Law, we evaluate each case carefully before moving forward. Our team is committed to helping you understand your legal options and giving you the strongest chance at success.
Schedule your free consultation today by calling (407) 244-3000 or contacting us online. We’ll help you protect what matters and find a path forward.