Depending on whose side of the case you are on may determine what happens if you lose a car accident lawsuit. If you are the plaintiff—the person who filed the lawsuit—you will not receive what you are requesting, which is typically compensation from the person or entity that caused the injury.
If you are found to be at fault—or the defendant—in this case, your insurance company will be obligated to pay whatever judgment the jury finds to be just compensation. Additionally, the loss can cause the insurer to increase your rates.
How a car accident lawsuit can go wrong
As a victim of another person’s negligence—for example, speeding, distracted driving, or drunk driving—you have the right to sue that person for financial compensation for any harm they caused. You can also employ a vehicle accident lawyer to represent you in court.
Going to court for a car accident entails a number of distinct stages. Unfortunately, these tasks necessitate a significant amount of effort and time. As a result, there are numerous ways you could lose a case, including:
- If you are unable to persuade the jury that the liable person caused or was involved in the car accident, the case will be dismissed.
- If you fail to persuade the jury that your injuries are a direct result of the vehicle accident and thus the liable party’s responsibility, you will lose your case.
- If you are unable to disprove the defense’s counterarguments regarding your guilt, the liable party’s lack of culpability, or the severity of your injuries, the case will be dismissed.
- If the judge dismisses your case on technical grounds because you missed a deadline, such as the statute of limitations in O.C.G.A. 9-3-33, or you did not present relevant papers in the proper manner, you will be able to re-file your case.
A judge or jury would refuse the compensation you sought in each situation. As a result, any expenditures incurred as a result of the accident must be paid through your insurance or out of pocket. If, on the other hand, your lawyer charges a contingency fee, you will not be required to pay them because they only receive an attorney’s fee if their client wins their case.
Furthermore, if you lose a lawsuit, the case is closed. Except in the most extreme of situations, you will not be given another opportunity to claim compensation.
Partially successful car accident lawsuits
Even if the jury rules against you, you may still receive a jury award, though it will be less than what you requested. O.C.G.A. 51-12-33 in Georgia permits plaintiffs to get a lower amount of compensation even if:
- You are somewhat responsible for the circumstances that contributed to the accident, such as speeding.
- Your carelessness led to your injuries, for example, you did not wear your seatbelt properly.
- The jury determines that only some of the injuries for which you want compensation are related to the accident, for example, you did not provide adequate evidence to link your back pain to the automobile accident.
While a partial victory is preferable to a defeat, it might still leave you feeling unsatisfied. You would receive some compensation, but it would be insufficient to compensate the entire degree of your bodily and financial damages. You would be responsible for any remaining expenses.
How to avoid loss in a car accident lawsuit
Following an automobile accident, you can take many steps to protect your rights and make it simpler to create a strong legal case. These are some examples:
Staying on the site long enough to take pictures, collect the contact information of the other driver, and answer questions from the responding police officer
Obtaining prompt medical attention in the aftermath of the accident
Make no superfluous statements to media, witnesses, or anybody else.
Speaking with an attorney about your legal options
Hiring an attorney to help you develop your case and make your case for compensation
While nothing you (or anyone else) does guarantees victory, following the steps outlined above and working closely with your lawyer can help you feel empowered at a tough time. A law firm can help you by doing the following:
- Obtaining proof from police, your doctor, other specialists, eyewitnesses, and the responsible party
- Providing all evidence to the court on time and in accordance with legal requirements
- Other material, such as legal briefs, may be sent as needed.
- Assisting in the selection of those who will serve on the jury and decide your case
- presenting your case to the jury in a style that they may find convincing
- Answering any questions you may have concerning your rights, the court case, and what to expect.
We can help you with your car accident lawsuit
Bader Scott Injury Lawyers does not want any Georgia automobile accident victim to have to discover what happens if a case is lost. All prospective customers are encouraged to call our office at any time to learn more about their legal rights.
Is it possible to appeal a decision in a personal injury case?
Insurance companies frequently utilize appeals to postpone payments. Appeals are rarely granted, and even if you win one, it won’t help you much. You’d be better off simply accepting the decision and moving on. Here are some things to keep in mind if you wish to appeal a personal injury case.
You must pay to file an appeal. This might cost thousands extra depending on how long the lawsuit takes. Then there’s the expense of hiring a lawyer to represent you. Finally, there are transcript and file fees to consider. An appeal can easily cost tens of thousands of dollars in total.
Is it necessary to pay attorney fees if you lose?
If you do not wish to pay your opponent’s legal fees, you have options. First, you could try to reach an agreement. Second, you could request that the judge find in your favor and award you money. Finally, you could ask the judge to rule against your opponent and award you your costs.