Losing a personal injury lawsuit—whether by jury verdict, directed verdict, or summary judgment—can be a challenging experience. While it might seem like the end of the road, there are still a few options available that could potentially change the outcome, though it won’t be easy.
If I Lose My Personal Injury Lawsuit, Do I Have to Pay Anything?
The answer depends on the circumstances. Most Plymouth personal injury lawyers work on a contingency fee basis, meaning they only receive payment if they win your case. If you lose, you typically don’t owe them attorney fees. However, it’s important to carefully review your fee agreement, as you might still be responsible for covering certain costs, such as court fees, filing fees, or other expenses incurred during the trial.
Even if you don’t have to pay your lawyer directly, you might still face financial obligations. The defendant could request that you cover some of the expenses they incurred, which may include fees for expert witnesses or depositions. These costs can add up significantly, especially if the trial lasted a long time, potentially totaling thousands of dollars.
If you’re unable to pay these expenses, the defendant might leverage this to pressure you into waiving any rights to appeal. This situation can present a dilemma, particularly if you are planning to appeal the decision.
Can I Get a New Trial?
It is possible to request a new trial, but not simply because you disagree with the jury’s verdict. In some cases, a jury may side with the defendant despite the plaintiff presenting strong evidence and expert testimony.
To secure a new trial, your Plymouth personal injury lawyer would need to demonstrate that significant procedural or evidentiary errors occurred during the initial trial. The process for requesting a new trial involves following specific legal procedures, and even then, there’s no guarantee the judge will grant the motion.
Can I Appeal the Decision?
Appealing the decision of a personal injury lawsuit is another potential option, but it requires more than just dissatisfaction with the jury’s verdict. An appeal must be based on substantial evidence of a reversible error made by the court—errors that could have affected the trial’s outcome, such as incorrect jury instructions or the exclusion of critical evidence. Minor errors that don’t impact the case’s outcome, known as harmless errors, do not provide grounds for appeal.
It’s important to understand that those seeking an appeal often face an uphill battle. The appellate court may uphold the original judgment for various reasons. Additionally, appeals are limited to issues that were raised during the initial trial, as appellate courts will not consider new arguments or evidence. Therefore, even if you retain the right to appeal, you should only proceed if your Plymouth personal injury lawyer believes you have a strong chance of success.
Was It My Lawyer’s Fault?
It’s natural to feel frustrated and perhaps blame your lawyer after losing a case. However, remember that trial outcomes can be unpredictable, and not all losses are due to legal missteps. Your lawyer likely invested significant time and effort in your case, only to lose their potential earnings along with you.
Before jumping to conclusions about your lawyer’s performance, take some time to reflect and then discuss your concerns with them. They might still be able to pursue a new trial or an appeal, and maintaining a good relationship with your lawyer could be crucial if you decide to explore these options.
Choosing the Right Lawyer Matters
Losing a personal injury case can be devastating, especially when you’re dealing with mounting medical bills and emotional distress. It’s crucial to work with a reputable lawyer who is committed to fighting for your rights and securing the compensation you deserve.
Our team is dedicated to pursuing the best possible outcome for our clients, ensuring they receive the maximum settlement to help alleviate their suffering. We specialize in all types of personal injury cases and are here to support you through every step of the legal process.
Don’t just take our word for it—here’s what our clients have to say. If you need a Plymouth personal injury lawyer, contact us or visit our offices to schedule your free initial consultation.
