What Happens If I Lose My Personal Injury Claim?

Being in an accident is unsettling because you find yourself dealing with issues that previously were not part of your life. Among them, you may find yourself in court, defending your point of view on what happened. You certainly want the verdict to go in your favor and to leave this nightmare behind as soon as possible. However, things don’t always develop the way you expect them to, and you may find that you have lost your personal injury claim. Read on to discover what options are available to you in this case.

Being Informed Will Help

RKB Law, LLC knows that being informed about what can happen should you lose a personal injury lawsuit will help you be better prepared for the challenges you may face should your case go to trial and the verdict not be in your favor. Working with a personal injury attorney will help you during every step of the process. However, you should know that there are some options that will be open to you once the trial is over.

You May Request a New Trial

Depending on the circumstances, your lawyer may consider that you request a new trial. There might have been errors in evidence that could now be pointed out, or your lawyer may consider that there were errors in the judge’s ruling and that these led to the outcome you are now facing.

This could go two ways: the judge may agree to a new trial, or your request may not be granted. If so, your lawyer may file an appeal and move your case to a higher court, where you can present your arguments and evidence.

Presenting an Appeal

Your lawyer will file an appeal at the trial court level. This gets transferred to the court of special appeals, where it will be determined in a court located in the same county whether the law has been applied properly.
Both parties will put together the necessary appeal information, file their briefs, and finally present their oral arguments. The court will render its decision based on this information.

Be patient because the appeal may take between one year and 18 months until the decision is rendered.

Continue Settlement Negotiations

Throughout the trial and appeal, both parties are allowed to continue negotiating to reach a settlement agreement. You want to exhaust all possibilities before giving up, since you are likely still going through financial hardship, having to bear the cost of your medical expenses, treatments, and other losses.

Get Help from Your Lawyer

As you go through the claims process, and when you realize that the decision of the court did not turn out to be in your favor, there is one item you should not have to stress over. That is your lawyer’s fee. This is because most personal injury attorneys will work with their clients on a contingency basis when it comes to personal injury claims. This means that you will only have to pay your lawyer if they win the case.

By not worrying about how much a lawyer will cost, you can afford to shop around and get the best legal representation possible.

Working on a contingency basis means that you have no out-of-pocket costs until the claim is resolved and you are paid. Your attorney will inform you what percentage of those winnings they will take as payment for their job. This will allow you to concentrate on recovering your health while your lawyer takes care of the legal aspects of the case.

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Posted - 07/01/2022