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What Happens if You Lose a Car Accident Lawsuit?

what happens if you lose a car accident lawsuit

What happens if you lose a car accident lawsuit? You might have grounds for an appeal. You might not have to pay attorney fees if you had a contingency fee arrangement with your lawyer. Losing an accident lawsuit means you will not receive compensation. It also means you will lose the ability to initiate a lawsuit for the same legal matter in the future. You may also be responsible for paying the defense’s expenses if the other party seeks those expenses. 

If you are a car accident victim and have already initiated a lawsuit in Las Vegas, NV, you might be interested in finding out what happens if you lose a car accident lawsuit. You probably want to know if you have strong grounds for compensation and your odds of getting a positive result. 

The best action in this situation is to obtain legal advice and support from an accomplished auto accident lawyer. Your accident lawyer will assist you in navigating any legal issues throughout the process of pursuing damages. The lawyer will also prepare a strong case to improve your chances of receiving a reasonable settlement or winning at trial. 

Can You Appeal a Personal Injury Case Decision?

If you lose your car accident case, you might have grounds for an appeal. The next highest court (appellate court) is usually responsible for hearing appeals. This court has the jurisdiction to modify or overturn the lower court’s decision. However, an appellate court will only consider your case if your lawyer can show the introduction of new evidence, a procedural defect or error during the original trial, or the awarded amount should be considered excessive. If the court decides to consider your appeal, you will request the appellate court to reconsider the trial outcome. The deadline for filing this appeal is usually 30 days from the original verdict. 

Another option to oppose a loss in a personal injury case is to file a motion for a new trial, which you file with the original trial court within ten days of receiving your injury verdict. In Nevada, you must support your motion with at least one of the reasons mentioned in Rule 59 of the state’s Civil Procedures.  

You will need to file all the necessary court documents and serve the other party on time, no matter the option you use to get your injury case decision reversed or changed. For the appellate court, you will have to file all the documentation that informed the lower court’s decision, including transcripts of the proceedings. 

The outcome of appealing a personal injury case decision can vary greatly. The court might affirm the decision of the lower court. The court might also overturn the entire decision and remand the case to the lower court for more proceedings. In some cases, the court might amend the monetary compensation awarded in your personal injury case decision. 

Do You Have to Pay Attorney Fees if  You Lose?

Generally, you will not have to pay your lawyer if you lose a car accident lawsuit. Most Nevada car accident attorneys have contingency-based fee agreements with their clients. They often refer to these agreements as “no win, no recovery.” Simply put, the lawyer keeps a specific portion of the compensation the lawyer recovers. 

Under the contingency fee agreement, the lawyer cannot collect any legal fees if the lawyer did not recover any compensation for you. This fact motivates lawyers to take cases that are more likely to result in a positive outcome for their clients. They also take the time to build a strong case that will force an insurance company to provide a better settlement. 

However, you might have to repay some expenses involved in your case. These expenses include, but are not limited to, court costs, deposition fees, administrative expenses, and expert witness fees. Ensure you review the contents of your fee agreement to understand the potential expenses you might incur in the future before signing it. 

Should You Settle Your Case Instead of Going to Trial?

Whether to settle or take your case to trial depends on the settlement amount the insurance company offers. For this reason, you should have a car accident lawyer with an excellent settlement and trial record on your side. 

A lawyer who has resolved many car accident cases will know the best settlement range for your case. The lawyer will then determine the amount of money that covers the full extent of your economic and non-economic losses.

If your lawyer can negotiate a settlement that factors in all your expenses and losses, settling is likely your best option. However, if negotiations fail to produce the result you want and your lawyer is confident that you have enough evidence to win the case, going to trial is the best decision. 

Car accidents, including secondary collisions, sometimes inflict severe or catastrophic injuries on the victims. Accepting an insufficient settlement can leave you paying for your medical care and other bills out of pocket once you exhaust the settlement amount. Let your lawyer look at any settlement offer from the liable party’s insurer before signing it. 

Improve Your Odds of Winning a Personal Injury Case

Get Legal Help Immediately 

The sooner you get an accident lawyer on board, the higher your chances of winning a personal injury case. The lawyer can guide you on the after-crash steps to take and the evidence to collect. The lawyer can identify and discuss all the factors affecting your case, especially if you suffered an injury in a teen car accident

Be Transparent and Cooperate with Your Lawyer 

Provide your lawyer with all the information and facts regarding your case. Present even those details you feel are inconsequential or might lay the blame on you. The lawyer will examine these details to identify what is relevant to your case. 

Give your lawyer maximum cooperation. Note that you and your lawyer are working towards a common goal – winning the case. Be sure to follow your lawyer’s advice and instructions. You should, for instance, avoid talking about your case in public or making social media posts about it. You should also avoid engaging with the insurance company or its representatives without your lawyer. 

Obtain Prompt Medical Assistance 

See your primary physician right after the accident to get your injuries treated and documented. Feel free to provide your physician with as many details of your injuries as possible. Be sure to follow your doctor’s instructions and attend all appointments. Otherwise, the insurer may find alternative explanations for your injuries if delays or gaps exist in your treatment. 

Compile Strong, Accurate Evidence 

You need strong and accurate evidence to meet the burden of proof required to win a personal injury lawsuit. Evidence collection should start at the accident scene. You can do it yourself if you are not too injured to move. You can also ask for help. 

Evidence collection after the accident involves taking pictures of the scene, damage to your personal property or vehicle, and injuries sustained. It also involves obtaining witness information and exchanging information with the other driver. 

Obtain and safely keep payment receipts, diagnostic reports, doctor’s notes, and other documents associated with your medical treatment. You should also obtain wage statements and other relevant documents if you cannot return to work because of your accident-related injuries. 

If you lose your case even after following these steps, your lawyer can help you determine your next steps. As previously discussed, you can appeal, file a motion for a new trial, or accept your loss and move on.

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Las Vegas Personal Injury Lawyer Cliff Marcek

Mr. Marcek has published several legal articles, been a featured speaker on legal topics and has represent several clients pro bono during his career. In addition, Mr. Marcek was a member of the Attorney Generals Commission on Military Assistance in 2015.

Case Results

Verdict – Death Due to Exposure to Benzene from Gasoline


Verdict – Car Crash in Which the Client
Had a Back Injury


Verdict – Car Crash Involving Hip Injury

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Let’s Get Started with Your Recovery. Call Las Vegas Motorcycle Accident Lawyer Cliff W. Marcek
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