What to Do If You Lose Your Personal Injury Case

Those who have been hurt through the negligence of another party may be entitled to compensation. However, there is no guarantee that those who bring personal injury claims to court will win their case. While you may not want to think about this scenario, what are your options if you lose your case?

The Original Decision Isn’t the Final DecisionAfter a trial, a jury will decide whether or not the defendant is liable for damages in the case. The jury may also decide whether the plaintiff shares any of the burden of covering the cost of his or her injuries. If a jury rules in favor of the defendant, most personal injury lawyers will immediately appeal the decision. During the appeal process, an attorney will point out any problems with how the law was applied by the jury or if there were any issues with what the jury was allowed to see.

You May Be Entitled to a New Trial

In some cases, a judge may review the issues that an attorney has raised and make a ruling. The end result may be to overturn the decision of the jury and assign liability to the defendant. It may also result in a new trial that will be heard by a new set of jurors. It is also possible that a judge may rule on issues raised by an attorney and use those rulings as a basis for what a new jury will hear at a second trial.

You Won’t Have to Pay Your Legal Fees

In the event that you are not granted a new trial or otherwise exhaust your appeals, you generally don’t have to pay your legal fees. However, you will be liable for any medical or other bills that you have accrued. Individuals who have secured personal injury loans that are repaid once a settlement check is received typically don’t have to repay those loans either. This may make it easier for an injured victim to handle his or her financial situation both now and in the future.

You May Get Partial Damages

If a jury decides that you are only partially liable for your injuries, you will still collect a portion of the compensation available to you. Therefore, you may technically lose your case without going home with nothing. For instance, if you are deemed to be 70 percent responsible for the accident, you still get 30 percent of possible damages.

While most lawyers don’t take cases if they don’t think that they can win, it is possible that a ruling could go against a plaintiff. Therefore, it is critical to have a backup plan to help pay for medical bills and other expenses in case you aren’t compensated by another party for your injuries.

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