What Happens if You Lose a Personal Injury Case?

At DiPasquale Moore, we know that every lawsuit is vitally important to the people involved in it. That’s why we work hard to get the best possible result we can for our clients, every time. Unfortunately, not every case is won. Sometimes, in spite of the work that goes into it, the ruling just doesn’t go your way. 

Here’s what you need to know if you lost your personal injury case. 

How Personal Injury Cases Work 

Personal injury cases have a lot of moving parts. Here’s a brief overview of the timeline that most cases follow: 

1. Initial meeting with client. This is the first time you sit down with one of our lawyers to discuss your case. The attorney you speak with will be available to answer questions you may have. 

2. Investigation. If you choose to work with one of our attorneys, the next step is for us to find out as much as we can about your case. Sometimes you are still receiving medical treatment for your injuries. Your attorney may suggest that you wait until your treatment is complete to continue, as you’ll have a better sense of the amount of your medical bills. 

3. Demand letter. We send a letter to the person who harmed you (or their insurance), telling them how much your treatment cost, plus additional expenses required to reimburse you for pain and suffering or to fund future medical care. 

4. Negotiations. Lawyers for both sides attempt to negotiate a settlement. If a settlement is reached, the case concludes. Settlements can typically be negotiated up to the point that the judge or jury has delivered a verdict. 

5. Filing a lawsuit. If initial negotiations go nowhere, a lawsuit is filed and we prepare to go to court. 

6. Discovery, pre-trial motions, and trial preparation. We investigate your case and find as much information as we can that supports your account of events. During this time, we are also attempting to ensure that the trial proceeds in a way that is fair to you. 

7. Trial. Both sides present their evidence to a judge or jury, and a verdict is rendered. 

8. Post-trial motions and appeals. If either side is unhappy with the ruling, they may be able to contest the ruling or appeal the case. 

What It Means to Hire a Lawyer On a Contingency Basis 

Many attorneys require a deposit or up-front payment before they begin working on your case. This can be incredibly difficult if finances are tight, especially after an accident. 

DiPasquale Moore works on a contingency basis for our clients. That means that if you lose your case, you don’t owe us anything. It also means that if we’ve taken your case, we think it has the merits to potentially be successful. Because we only get paid if you win, we have a direct stake in the result of your case. 

If your case is successful, you will owe a portion of your settlement or judgment in attorneys’ fees. This percentage will be spelled out in your contract, so make sure you read carefully before signing. 

What Will I Owe If I Lose a Case? 

That depends, in part, on the contract that you signed when you hired your attorney. At DiPasquale Moore, we pride ourselves on the fact that we don’t hide fees in the fine print. If you don’t win, we will cover any court costs you might have, such as filing fees and the cost of obtaining medical records. 

However, this doesn’t mean that you won’t owe others money if you lose your case. If you received medical care and that treatment has not been paid for, you may be required to pay the medical provider. Also, if you have any pre-settlement loans or advances, you may be responsible for repaying them whether you win or lose your case. 

Can I Appeal If I Lose? 

You may be able to appeal if you lose your personal injury case; however, you’re not guaranteed a new trial. Appeals are typically granted because you or your attorney have identified a legal error in the first trial. Appeals are not granted just because one party dislikes the verdict.  

What Are My Next Steps If I Lose My Personal Injury Lawsuit? 

If you lose your personal injury case, your lawyer will be able to advise you on what your next steps might look like. Some things that you should ask about or keep in mind include: 

• Why your case was unsuccessful. Sometimes neither you nor your attorney will be able to answer this question, but your lawyer will often have some idea what happened.  

• The cost/benefit analysis of retrying the case. Appellate cases usually have a lower success rate than the original case. The fact that the court ruled against you once means that they may rule against you again. Is it worth it to fight through another trial if you are less likely to win than you were initially? 

• The mental or emotional toll of continuing to fight. Court cases can be incredibly stressful; are you prepared to go through this sort of stress again? Is your mental health likely to be impacted if you do not succeed a second time? 

Even if you and your attorney believe in the strength of your case, you may determine that the best decision is just to let it go. Then again, once you’ve weighed all this out, you might decide that it’s worth it to appeal your case. 

Conclusion 

No one goes into a case planning to lose a personal injury claim. Unfortunately, though, the truth of the matter is that not all cases can be won. It’s important to understand that even the best lawyer cannot guarantee you a win. 

However, an experienced personal injury attorney can improve your chances of a positive outcome.  The best option for you is to hire an attorney to handle the case and never try to go at it on your own, because if you do lose there likely won’t be any remedy for you. If you’ve been injured, contact us today for a free consultation where we’ll evaluate your case and provide recommendations for your next steps.