What Happens if You Lose a Car Accident Lawsuit?

You think your car accident case is moving along smoothly, and then suddenly your lawyer calls and says it’s time to file a lawsuit and take the insurance company to court. You probably weren’t expecting this.

After a devastating car accident, hiring a lawyer, and filing a claim, it can be frustrating to hear that negotiations with the insurance company are going nowhere.

Going through a trial can seem daunting and intimidating. How does a trial work? What happens if you lose a car accident lawsuit? Why do you even have to go to court?

If your head is spinning with these questions, you’re not alone. These are legitimate concerns that worry most people faced with the prospect of a trial. The legal system can be complex. With an experienced car accident lawyer in Fort Lauderdale by your side, however, you have a good chance to successfully prove your case.

What Are the Reasons You Might Go to Trial in a Car Accident Case?
What Happens in a Car Accident Trial?
Will You Be Charged Legal Fees if You Lose Your Car Accident Case?
Do Lawyers Usually Only Take Cases They Can Win?
Can Car Accident Cases Settle Before a Lawsuit Is Filed?
Is it Possible to Appeal a Personal Injury Case Decision?
How Can You Increase Your Chances of Winning a Personal Injury Lawsuit?
Should You Worry About Losing Your Car Accident Lawsuit?
What Are the Reasons You Could Lose Your Car Accident Case?
How Much Money Do You Have to Pay if You Lose?
What Happens After the Car Accident Trial?
Why Is a Good Car Accident Lawyer Important?
Reach Out to BK Law Today

What Are the Reasons You Might Go to Trial in a Car Accident Case?

A car accident trial can be taxing on all parties involved, including the insurance company. A trial involves a ton of work and a lot of stress. It’s definitely not as glamorous as the courtroom dramas portrayed on TV. Insurance companies usually want to settle out of court because trials are unpredictable and the jury could award you even more money than you originally requested in settlement negotiations. So, why is your lawyer saying a lawsuit is the way to go? The obvious reason is that the insurance company is refusing to settle or is offering an unacceptable or inadequate settlement. There are a number of possible areas of disagreement that could be contributing to this stalemate, including:

The nature or extent of your injuries
Percentage of liability (where no fault doesn’t apply)
True costs of current and future medical care
The insurance company isn’t responding to your demand letter

In some cases, simply filing a lawsuit can get the insurance company to settle. Try not to worry; getting to trial is relatively rare. In fact, only about 3% of personal injury cases ever reach the courtroom.

What Happens in a Car Accident Trial?

When a case does go to court, here’s how it typically goes:

Jury Selection

A jury is selected at random to ensure a fair, unbiased trial to the greatest extent possible. These individuals will be asked questions to determine if they are a good fit and can be objective in deciding the case.

Trial Date Set

Once your trial date is set, your lawyer will begin gathering evidence, data, testimonies, and other information required to build a strong personal injury case.

Opening Statements

The trial will begin with each party presenting opening statements. This is when your lawyer will share your position with the jury.

Plaintiff Presents Case

Since you’re the one bringing the lawsuit, you are the plaintiff. Your lawyer will present eyewitness testimonies and experts who will argue on your behalf (e.g., medical professionals who can attest to the severity of your injuries). This is also where the evidence you gathered comes into play—evidence such as photos, crash reports, surveillance camera videos, and other relevant information. The goal is to demonstrate the reasons you’re entitled to the requested compensation amount.

Defense Presents Case

The defense (the insurance company and other parties involved) will then have the opportunity to present its case to the jury.

Closing Arguments

At the end of the trial, both parties will have the opportunity to sum up their cases to the jury, reiterating and emphasizing any major points.

Deliberation

The jury will then go to another room, discuss the case, and decide who should win the case based on the evidence presented.

Verdict

After deliberation, the jury will share their decision with the judge, who will then read aloud the jury’s decision. While all this may seem a little scary, your lawyer will be by your side and will handle everything.

Will You Be Charged Legal Fees if You Lose Your Car Accident Case?

No, you will not owe your lawyer any legal fees in the event you lose your car accident lawsuit. Personal injury lawyers, including BK Law, operate on a contingency fee basis. This means they don’t charge fees unless you’re able to recover compensation. This is the best of both worlds for you—excellent legal representation and no charge unless you win.

Do Lawyers Usually Only Take Cases They Can Win?

The short answer is yes. Although there are never any guarantees, personal injury lawyers typically won’t take a case unless they believe they can win. Why? Because, as noted above, they don’t charge you fees unless the case is successful and they’re able to secure a financial award on your behalf. If you don’t win, your lawyer doesn’t get paid. Therefore, lawyers consider your case very carefully before agreeing to represent you.

Can Car Accident Cases Settle Before a Lawsuit Is Filed?

The majority of car accident cases settle before a lawsuit is filed. And, after a lawsuit is filed, many cases still settle before and even up to the day of the trial. Oftentimes, after your lawyer files a lawsuit, the insurance company will recognize the seriousness and strength of your case. At this point, the insurance company will usually offer a fair settlement to avoid going to trial.

Is it Possible to Appeal a Personal Injury Case Decision?

Unfortunately, car accidents are rarely eligible for an appeal. Appeals usually happen because the presiding judge erred in some way. Even if you believe the judge made a mistake, it can be very tough to prove, and the process is expensive, ongoing, and generally unsuccessful.

Should I Settle Instead of Going to Trial?

Your lawyer can advise you on the likelihood of success at trial. Success doesn’t just mean you win, but that you win the specific amount you want. If your lawyer thinks it’s unlikely you’ll get the amount you want in court, then settling is the better idea.

To learn more, schedule a free consultation with us today.

How Can You Increase Your Chances of Winning a Personal Injury Lawsuit?

There are several things you can do to increase your chances of winning your personal injury lawsuit.

Be Honest With Your Lawyer

Always be honest with your lawyer about any information pertaining to your case. This is important even if you believe the details are trivial and/or may reflect negatively on your case. Your lawyer is on your side but cannot effectively represent you without knowing all the facts.

Do Not Discuss Your Case With Anyone

Never discuss your case with anyone other than your lawyer. That includes not sharing with your family and friends, and never posting on social media. This can be difficult, but it is critically important in legal matters. Additionally, settlements can become void if you reveal your award to others. Avoid thorny situations and severed relationships by simply keeping the details of your case between you and your attorney.

Let Your Lawyer Handle the Insurance Company

Never speak with the insurance company. These companies train their people to find any way possible to convince you to settle for less money than you deserve. Let your lawyer handle them.

Should You Worry About Losing Your Car Accident Lawsuit?

It’s natural to worry, but it doesn’t help. The best thing you can do to increase your chances of winning is to hire an experienced personal injury lawyer who is comfortable and unafraid to go to trial. The insurance company knows which lawyers will and will not take cases to the courtroom. Choosing a firm with a strong reputation for being aggressive and winning cases goes a long way.

What Are the Reasons You Could Lose Your Car Accident Case?

There are several reasons you might lose a car accident case. One is that the defendant (the insurance company) is able to prove that you were negligent and/or responsible for the accident. Other reasons include:

Sharing information with the opposition
Failing to seek medical attention after the accident
Posting on social media
Not having documentation or photo/video evidence
Bringing witnesses who aren’t credible
Attempting to represent yourself
Lying under oath

How Much Money Do You Have to Pay if You Lose?

Personal injury lawyers typically represent clients on a contingency fee basis, which means you don’t owe them any attorney fees unless you win your case. Their fees are then deducted from the amount you won. However, some firms might hold you responsible for upfront costs of processing the case; you should discuss these matters before hiring them. Upfront costs could include things such as filing fees, transcription costs, costs of creating exhibits, and so on. These costs can add up quickly, so be sure you and your lawyer are on the same page regarding your obligations.

What Happens After the Car Accident Trial?

If you lose a car accident trial, the case is over and you will not receive compensation. The other side does have a short time period in which to file an appeal, but the odds of an appeal in a car accident case are slim. Once the case is over, if you won, your lawyer will receive a check from the insurance company and deduct attorney fees. The remainder of the check is yours.

Why Is a Good Car Accident Lawyer Important?

When you’re dealing with painful injuries, you need to concentrate on recovering—not trying to become a lawyer overnight. At BK Law, we have the expertise you need. Hiring a strong car accident lawyer can be a game changer. It significantly increases your chances of securing compensation if you're represented by an experienced, skilled lawyer who knows how to deal with insurance companies. BK Law is a full-service personal injury law firm, and we’ve won significant financial awards for our clients. We’ve rightfully earned a reputation for experience and persistence, and our savvy legal team is second to none. We treat every client like our only client. Specialized, personal service that will reassure you that you’re in good hands. Let BK Law handle your car accident case. We’ll take care of the legal matters. You just take care of yourself.

Reach Out to BK Law Today

Call us today to schedule a free consultation with our trusted car accident lawyers. The sooner you get started, the sooner you can get your life back.

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“I highly recommend attorney Jesse Bernheim and his team for any readers' future needs. Mr. Bernheim handled my insurance claim in a timely manner, and both he and his team kept me informed throughout the entire process. Without his representation, my claim would have been denied and I would have had several out of pocket expenses. Not only was the claim settled, but it was settled for the amount needed for repairs. Thank you, Jesse. Hopefully I won’t need you in the future, but if I do, you're the first phone call made. You are a true professional.”

“I have known Lou Battista for years and have always respected his tenacity and nonstop drive in everything he did. When it came to a point where I needed representation, I immediately thought of Lou and asked him to represent me, as I was getting very little response for my claim. In short order, meaning 1 to 2 weeks, I had an immediate increased response for my claim on the order of 3 to 4 times what they had originally offered, after Lou had submitted a claim on my behalf. Without his immediate response and aggressive position, I most certainly would have walked away with much less or even nothing.”

“Attorney Eric Sachs and his team are very professional and amazing. I highly recommend Bernheim Kelley Batista, LLC as the best law firm you can think of. Their communication is awesome. They handled my case and kept me updated every step of the way. I'm super happy with my end results. Thank you all for the time and effort put into my case. If you need an Attorney, Eric Sachs is the best to handle your situations. Don’t wait or think twice, you are in good hands!”

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