There are many ways a plaintiff can lose their personal injury lawsuit. A directed verdict, summary judgement, or jury verdict for the defense are all possibilities. When this happens, the victim is usually asking themselves what they are supposed to do next. After all, they still have all of their losses and damages to cover, including hospital bills, medical expenses, lost wages, and more. If you are wondering the same thing, continue reading to review some frequently asked questions about losing accident cases.
Can I Get a New Trial?
Although there is a procedure in place where lawyers can ask the presiding trial judge if they can have a new trial before an appeal is filed. Unfortunately, this motion is rarely granted. This is because there has to be a blatant and copious amount of procedural or evidentiary errors to be granted a new trial. You can’t get a new trial simply because you do not like the jury’s verdict. Also, most judges believe their rulings are correct, and any errors your lawyer points out will be likely justified.
Can I Appeal?
Just like requesting a new trial, you cannot appeal simply because you disagree with the jury’s verdict. To appeal, there must be specific grounds in order; and the possibility of specifics are nearly infinite. One way to be granted an appeal is if the court makes a mistake known as, “reversible error.” This is when the court makes an error that is so influential, it affects the outcome of the case. This includes not allowing key witness testimony and misleading jury with inaccurate instructions not according to the law.
Do I Owe Money if I Lose?
You will owe money, either out-of-pocket or through your insurance, or both. However, it is likely that you will not owe your lawyer anything since most accident firms work on contingency. This means they do not get paid unless they recover a settlement for you. You will have to pay for any court fees, filing fees, notaries, and more. It is also possible that you will have to pay the defendant’s taxable costs. This doesn’t include everything they paid to go to court, but is does include large parts of it, such as expert witness testimonies. Depending on how long your case was at trial, these costs can add up to the thousands.
If I Lose My Lawsuit, Does it Mean I Chose an Inadequate Attorney?
Absolutely not. Losing a lawsuit does not mean that your lawyer dropped the ball. You can never predict how a jury is going to feel, or which parts of the case they will grip onto the most. You should not accuse your attorney of malpractice. You should remember that they too lost time and money fighting on your behalf.