What Happens if I Lose My Personal Injury Trial?
Key Takeaways:
- You can lose a personal injury trial on a technicality or if the jury finds the other party is not liable for your injuries.
- There are only limited reasons for filing an appeal, including errors of law and improper jury instructions.
- You only have a limited time to file an appeal after the court issues a final ruling.
After an injury or accident, you may rely on a personal injury claim to get financial compensation for your medical bills, lost income, and pain and suffering. After months of waiting, the judge or jury could find that the other person is not responsible for your injuries. This leaves you having to pay for your medical expenses and property damages.
It can be devastating to lose a personal injury lawsuit. You may be able to file an appeal to still recover compensation. Talk to a personal injury lawyer about your legal options after losing your case.
Why Did I Lose My Personal Injury Case?
There are several reasons why you may win or lose your personal injury case. Generally, a civil lawsuit can be decided based on technical details or the substance of the case.
Losing on a Technicality
Technical issues where you can lose your accident case can include:
- Filing the lawsuit after the statute of limitations has expired (not filing your lawsuit in time)
- Failing to follow the court rules
- Failure to name the party in your complaint
- The lawsuit is filed in the wrong court
These technicalities can happen when you don’t hire an accident attorney. You have the right to pursue your legal case without a lawyer. Unfortunately, navigating the court system can be very complicated. If you don’t follow the court rules and statute of limitations, your case could be dismissed without any chance for recovery.
Losing Your Case After a Jury Trial
Taking your case to trial can always be tricky. This is why most personal injury lawsuits end with a settlement offer instead of a jury trial. Even if you have a strong case, a jury may focus on the wrong thing and find in favor of the defendant.
For example, most car accident lawyers tell their clients to stay off social media after filing a lawsuit. If you are claiming a permanent disability and post pictures of waterskiing at the lake, those images can hurt your case. The insurance company may hire investigators to follow you or copy your social media to find images that can damage your case.
Can You Appeal a Personal Injury Case?
You may be able to file an appeal in a civil lawsuit. After a jury decision, either party can appeal the court’s decision or the jury award. If you lose your case, you can appeal to have a higher court review the jury trial.
The appeals process is not a chance at a new trial. There are limited reasons you can file an appeal. An appeal is usually limited to errors of law. This means an error during the court case affected the trial’s outcome. Examples of errors include:
- Juror misconduct
- Improper jury instructions
- Error of law
- Abuse of discretion
- Insufficient evidence to support the jury’s conclusion
Do You Have to Pay Attorney Fees If You Lose a Personal Injury Case?
In most cases, you will not have to pay legal fees after losing your case. Most personal injury lawsuits are on a contingency fee basis. A contingent fee agreement means you do not have to pay anything upfront or owe anything unless you win your case. Before hiring a personal injury law firm, ensure you understand the fee agreement.
How Long Do You Have to Appeal?
After a final ruling, there is limited time to file an appeal. The time for an appeal depends on state law. You may have to give the court notice to file an appeal. You may only have 30 or 60 days to file an appeal after the court issues a final decision.
Check with your personal injury attorney about the time limit to ensure your case is filed in time. Contact an experienced personal injury attorney to find out about your options after losing your case.
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