Dealing with the aftermath of a collision can be overwhelming, especially if you are not at fault for what happened. While some car accidents result in minor injuries or damages, many can be devastating, even life-changing.
You have the right to file a personal injury lawsuit after being hurt in a collision. Yet, not all car accident cases end with a fast and favorable outcome for the plaintiff. Unfortunately, some victims opt to file their lawsuits on their own and it may get to a point when it is too late to hire a car accident lawyer.
At Gould Injury Law, our team of Connecticut accident lawyers has extensive experience in handling personal injury cases and helping clients recover fair compensation for their injuries. You can trust us to handle your case fast and efficiently. Call us at 888-WIN-FAST or complete the contact form to schedule a free case review.
What Are Your Options After Losing a Car Accident Case?
Car accidents are an unfortunate reality of the modern world. Collisions can happen to anyone at any time and often result in serious injuries, property damage, and worse.
Losing a car accident lawsuit can be financially devastating. Why? After losing a car accident case, you could be ordered to pay compensation for medical care, court costs, and more.
So what happens if you lose a car accident lawsuit? What can be done if you are not at fault but lost anyway?
Consider the following steps you can take:
- Appeal the decision. After losing a car accident lawsuit, you may have the option to appeal the decision, asking a higher court to review the decision made by the lower court. In your appeal, any errors or legal issues that occurred during your trial will have to be pointed out.
- Negotiate a settlement with the other party. Settlement negotiations may result in a more favorable outcome for you. Settling out of court avoids the risks and costs associated with an appeal.
- Contact your insurance company. If the amount awarded in damages exceeds your auto insurance coverage limits, then you must pay out of pocket for those additional costs. This could lead to wage garnishment or other collection methods being used against you.
- Consider bankruptcy carefully. When a plaintiff is unable or unwilling to pay damages out of pocket, bankruptcy laws may provide some relief. Filing for bankruptcy should always be viewed as an absolute last resort due to its potential long-term impacts on credit scores and future financial opportunities.
Every car accident case is unique. After losing a lawsuit, you may have additional legal options available to you, depending on your situation. To protect your rights, discuss the next step with an experienced attorney. When you hire Gould Injury Law, our knowledgeable team will act fast to guide you through your next steps.
Reasons for Losing a Case If You Are Not At Fault
Why do plaintiffs who are not at fault lose their lawsuits? Some reasons are:
- Inadequate legal representation: When a plaintiff does not have the right legal representation, it could weaken any chances of success. Hiring an attorney who acts fast to build a convincing case is essential.
- Lack of sufficient evidence: Sufficient evidence may not have been gathered to prove fault. A lack of credible witnesses, surveillance footage, or expert testimony can weaken your case. The right attorney, though, is able to gather evidence as fast as possible after an accident.
- Comparative negligence: In Connecticut, comparative negligence laws are applied. Even if you are not entirely at fault for the collision, compensation may be reduced based on your contribution to it. Your degree of negligence will affect the success of your case.
- Failure to mitigate damages: Accident victims must take reasonable steps to mitigate damages after an accident. If it is determined that the plaintiff did not act fast to seek medical treatment or minimize potential losses, this could hurt the case.
- Legal technicalities: What if you had proper evidence and a solid claim but lost? You could lose a case due to procedural errors or other legal issues.
The outcome of a car accident lawsuit depends on the specific facts and circumstances of the case. You should consult a fast-working, qualified attorney who can provide guidance based on the details of your situation.
Damages You May Have to Pay After Losing a Lawsuit
After losing a car accident lawsuit, you may be responsible for the following damages:
- Legal fees: You may be ordered to pay attorney fees and other case costs for the defendant. These include filing fees, trial expenses, expert witness fees, and other expenses related to the trial.
- Property damage: If the car accident resulted in damage to the other party’s vehicle or other property, you may be responsible for paying for the cost of repairs or replacement.
- Lost income: If the other party suffered injuries in the car accident or is unable to work, you may be responsible for paying lost wages to the defendant.
- Medical expenses: You may need to pay the other parties’ medical expenses. These costs may include hospital bills, rehabilitation costs, and ongoing treatment.
- Pain and suffering: You could be required to pay pain and suffering damages for the emotional distress and suffering experienced by the other party due to the accident.
A negative personal injury case decision can affect your ability to obtain auto insurance if you have a history of distracted driving or other traffic violations.
A Car Accident Attorney Can Help You Win Your Case
When it comes to winning a car accident lawsuit, having an experienced attorney on your side can make all the difference.
Note the following three benefits of hiring an attorney:
- Gathering evidence: Attorneys can investigate and gather evidence to support your lawsuit. Evidence includes police reports, medical records, and witness statements. Evidence includes surveillance footage, expert opinions, and other relevant documentation.
- Negotiating with insurance companies: Personal injury attorneys know the tactics used by insurance companies. An experienced attorney, who understands how these companies operate, can work to secure a fair settlement that compensates you for any injuries or financial losses you have suffered as a result of the accident. Your legal team will not be intimidated if the insurance company refuses to make a fair deal.
- Affordable legal help: After an accident, you face heavy financial burdens from which you need fast relief. That’s why Gould Injury Law works both fast and on a contingency basis. This means that you can get our legal services without any upfront cost and that the attorney’s fee only needs to be paid if the case is successful.
Make sure to seek the advice of a reputable personal injury law attorney sooner rather than later. The evidence must be gathered and the negotiation back-and-forth needs to start well in advance of your case’s deadline, known as the statute of limitations.
The right attorney for you will have a track record of success in handling car accident cases and also work on contingency. He or she can help you achieve a favorable outcome while you can focus on your recovery with peace of mind.
How to Build a Strong Case
If you have not yet filed an accident lawsuit, you can take steps to build a strong case by:
- Documenting the scene: Take photos, videos, and notes about vehicle positions, skid marks, traffic signs, whether the accident happened on public property or private property, and any other relevant details
- Getting medical help: Seek immediate medical attention for any injuries sustained in the accident, even if these appear minor
- Documenting damages: Compile all documentation related to your damages, which may include medical bills, lost wages, and records of property damage
- Filing necessary paperwork on time: You must work fast to meet filing deadlines, to avoid administrative problems or missing out on winning your claim entirely
When to Consider Settling Out of Court
Many car accident cases settle out of court, and not to the detriment of most accident victims. Consider three reasons you may choose to settle as well:
- To save time and costs: Going to court can be a lengthy and expensive process. Settling out of court can help you avoid the time, effort, and expenses of a trial, including attorney fees, court costs, and potential expert witness fees.
- To establish liability: If the liability in the car accident case is clear, and strong evidence supports your claim, the other party or their insurance company may be more inclined to offer a fair settlement to avoid going to court.
- To control the outcome: Even with an apparently strong case, a favorable outcome is not guaranteed. The outcome of a trial is subject to the judgment of a judge or jury. Settling a claim out of court eliminates this uncertainty and provides both parties with a guaranteed outcome.
Since going to trial has its advantages and disadvantages, you should discuss the likelihood of winning a lawsuit in court with your attorney before making a final decision.
Call Gould Injury Law Firm to Protect Your Rights
When you need fast legal assistance for your personal injury claim, call Gould Injury Law. We make it our top priority to provide quick solutions and peace of mind throughout the entire legal process. And, once we evaluate your case, we can finish answering the question: What happens if you lose a car accident lawsuit?
At Gould Injury Law, we pride ourselves on being fast-working, dedicated lawyers. Time is of the essence when it comes to legal matters, which is why we work quickly to help our clients get the compensation they deserve.
Our Connecticut accident lawyers are ready to help with your personal injury case. Our experienced car accident attorneys can gather evidence and handle all the documentation for your case. We can also negotiate with the other party or insurance company on your behalf.
Our goal is to help you recover damages for your injuries and other costs. We operate on a contingency fee basis, which means you don’t pay us until we win a settlement for you.
Contact us today to schedule a free consultation. Call us at 888-WIN-FAST or submit the online form to get started.
