Besides being injured and exhausted by the legal process, we understand that you might also feel uncertain about what happens if your personal injury claim doesn’t result in a favorable outcome. If a jury rules against your case, you will not be awarded any damages or compensation from the defendant, even if your injuries are severe. This means the opposing party would not be required to cover your medical bills, legal fees, or other related expenses.
However, this is not necessarily the end of the road. You may be able to appeal the decision if there’s reason to believe that a legal error occurred during the trial.
Let’s take a moment to answer some common questions that arise in situations like this:
Do I Have to Pay My Lawyer If I Lose My Personal Injury Case?
At The Advocates, our answer is simple and reassuring: No. We operate on a contingency fee basis, which means we only get paid if we get a fair settlement for you, or a court ruling in your favor. You won’t owe us a single cent in attorney fees unless we recover your compensation.
This approach ensures that every individual, regardless of financial status, can pursue justice without fearing debt due to legal costs.
But What About Medical Bills and Other Third-Party Payments?
While a person won’t have to pay legal fees if their case is unsuccessful, it’s important to understand that other financial responsibilities may still remain. For example, if you received medical treatment following your injury and those bills haven’t yet been settled, you may be expected to pay your healthcare provider directly.
Additionally, if you took out any pre-settlement loans or financial advances while your case was ongoing, you could be held responsible for repaying those amounts—even if the case does not result in compensation.
Understanding your potential obligations can help you make informed decisions as you pursue your claim.
Can I Appeal If I Don’t Win?
It is possible to appeal a personal injury decision if the result wasn’t in your favor. However, that doesn’t mean you’ll automatically get a new trial. Appeals are generally only accepted when a legal error is identified in the initial proceedings. Disagreeing with the verdict alone isn’t enough.
At The Advocates, we sometimes recognize that an appeal may be justified if:
- There was juror misconduct
- The jury received incorrect instructions
- The law was misapplied
- The judge made decisions beyond their discretion
- The evidence presented didn’t support the jury’s findings
- A new trial would cost more (emotionally, financially, or strategically) than it might return
Sometimes, you must notify the court to file an appeal. This window can be short—sometimes just 30 or 60 days after a final judgment is issued.
It’s important to know that appeals are statistically less successful than original trials. If the court already ruled against you once, there’s a good chance it could happen again. Is it worth enduring a second trial’s cost, time, and stress? For some, the emotional strain is too great. For others, the need for justice makes it worth the fight.
After weighing everything, you might find that pursuing an appeal is the right move—or that stepping away brings more peace. Either way, we’re here to help you think it through.
Why Did I Lose My Injury Case?
Sometimes, even when you think everything’s in your favor, your injury case may not go as expected. Here are some things that might have worked against you during the process:
- Misrepresentation or Exaggeration
Not being entirely truthful about the incident, your injury, or even withholding information can hurt your case. If you’re caught exaggerating, it can quickly damage your credibility and lead to a dismissal of your claim.
- Contributory Negligence
It could reduce or eliminate your compensation if you were partially at fault for the accident. Courts often determine responsibility and divide the fault between both parties. Even a small amount of fault can impact your case significantly.
- Social Media
Be careful with what you post online. Posting pictures of yourself on vacation or looking fine might be used against you, questioning the severity of your injury. Everything you share on social media can be scrutinized and could potentially harm your claim.
- Lack of Evidence
The burden of proof is on you. Gathering all the evidence you can is essential—photos, reports, medical records, and witness testimonies. Without strong evidence, proving your case in court will be challenging.
- Downplaying Your Injuries
It’s common to try and downplay your injuries, but that can hurt you in the long run. If you minimize the severity of your pain, you might not receive the full compensation you deserve. Always be honest about how you’re feeling.
- Fraudulent Behavior
Falsely inflating your injury or pretending your pain is worse than it actually is can lead to your case being dismissed and may even lead to criminal charges. It’s essential to be honest about your condition and let your lawyer handle your claim.
- Speculations and Misstatements
Be careful when speculating about what happened or someone’s intentions. You shouldn’t try to guess what caused the accident or why. Stick to the facts and consult with your lawyer before making any statements.
- Lack of Documentation
Failing to document the incident and your injuries properly can be a big setback. Always report your injury, keep a record of your medical treatments, and write down how the injury affects your daily life. Solid documentation strengthens your case.
Any other questions? Just Ask Us For Free
We encourage you to reach out if you have further questions about how legal fees or other costs might affect you. At The Advocates, we’re committed to transparency and to standing by your side every step of the way.