What happens if you lose a personal injury claim?


After being injured in an accident and dealing with your injuries, medical expenses, and other losses, you have decided to file a claim against whoever is responsible for your injuries. You are counting on a payout large enough to cover your medical expenses, lost wages, and damage to your property. What you are not counting on is losing your personal injury claim. What can you do if this happens to you?

Attorney’s Fees After Losing a Personal Injury Claim

After losing your personal injury claim, you may worry about how much you owe your attorney. The general answer to this question is that you will likely not owe your attorney any fees for their work since you probably signed an agreement that specifies that they will work on a contingency basis. This means they would only get paid when you win and recover compensation.

However, there are other fees you might have paid, such as court fees, for which you will not be reimbursed. Read your agreement carefully; you don’t want to be surprised with any other fees you might be responsible for. And depending on the state where you live, you may also have to cover the defendant’s legal fees.

Common Causes Why People Lose Personal Injury Cases

The most common reason people lose their cases is that they do not get legal representation. This gets even more dramatic in situations where the case ends up in court, and the plaintiff cannot defend themselves properly due to ignorance of the law and the legal process.

Other factors that will not work in your favor are:

Contributory negligence – This is when you are considered to be partially at fault for the accident.

Misrepresentation – When you exaggerate the facts of the case or lie.

Social media usage – Posting pictures online that contradict the pain and suffering or extent of the injuries you claim will have an extremely negative impact on your case. Keep away from social media, and do not risk having your case twisted or discredited.

Insufficient evidence – If there is insufficient evidence or documentation to prove your case, it becomes hard to get the compensation you seek.

Downplaying your injuries – If you try to minimize the impact your injuries have had on your life, this may end up hurting your case. Be honest at all times, particularly when describing your injuries and how they have disrupted your life.

Hiding vital information – If you are working with a personal injury attorney, it is crucial to be completely open and honest with them. You don’t want your attorney to find out crucial information once in court.

Missing deadlines – Certain filing deadlines and dates marked by the statute of limitations must be observed. Not knowing this information may hurt your case, which is one more reason why working with a personal injury lawyer is so important.

 If you have lost your personal injury claim, you may be able to file an appeal. Agruss Law Firm, LLC recommends you take all the right steps this time and reach out to a personal injury attorney that can work by your side. This way, you will have someone who will fight for your rights every step of the way.