One thing about personal injury cases is that they might get settled even before going to court. Even if it comes down to filing a personal injury lawsuit, it is still very possible for you and the other party to reach a reasonable amount before the case heads to trial. Going to trial with a personal injury claim has some levels of risk in it and most people have been asking “what happens if i lose my personal injury claims”. Losing your personal injury claims simply means you would not be receiving damages award and in addition, you would have to pay the other party’s trial cost. This happens in places like Wisconsin.
The trial costs you would have to pay for might include deposition costs, copy expenses and some additional fees for serving a witness a subpoena. If during a trial you lose a personal injury case, there is still another opportunity for you to appeal your case. However, the appeal process isn’t always a fast one as it might last for as long as a year or more. For a higher court to overturn a decision that has already been made in a personal injury claims case then there has to be new evidence or some sort of mistake somewhere.
What Happens If I Lose My Personal Injury Claims
Apart from an appeal, there is really no other way for an individual that has already lost his personal injury claims. In Wisconsin, there are strict laws that restricts an individual from filing for another personal injury claims after losing out on the first one. This simply means that there would not be a second chance if you lose your first personal injury claims case in court. This law also stands even though there are fresh evidences to back up your case, the fact still remains that you would not be allowed to reopen a personal injury claims case after losing.
However, losing a personal injury case also has some benefits or advantages attached to it. The fact that you lost your personal injury claims also means that you have nothing to worry about when it comes to paying your attorney’s fees since you were not able to make any recoveries during trials. Lots of personal injury claims attorneys handle personal injury claims case based on a contingency fee. This means for an attorney to represent you in a personal injury claims case, you do not have to pay the attorney upfront or pay a retainer.
Not receiving any form of compensation during a personal injury claims case means you do not have to pay for an attorney’s fees. The only time you can pay an attorney’s fees for services he has rendered is if you are able to receive damages award or settlement after trials. You still have couple of options despite not receiving anything from your personal injury claims. You would need to get advice from a legal counsel and this legal counsel should be able to look at the other options you have.
These options can be based on your present situation and the attorney or legal counsel should be able to help you make decisions that would be beneficial for you and your family. Losing a personal injury claims can be very bad because no matter how badly injured you are, the fact that you lost your case means you would not be receiving any form of compensation. The cost of making a personal injury claims case can be quite costly as well. Expenses involved might include;
- Barristers fees
- Solicitors fees
- Medical fees
- Court fees
- Opponents legal costs if you lose the case
- Third party costs and experts witness fees
If the reverse is the case and you end up winning your personal injury claims case then it falls on the other party to pay for your costs as well.