If you get hurt or injured in a car accident that happened as a result of another person’s fault, then you would expect to get compensated. You would get compensation for damages that occurred to your vehicle, wages lost, and medical expenses, but you would need to file a lawsuit to claim your reward.
However, no matter how confident you are about your claim, losing a case is possible, and if the verdict doesn’t go your way, what happens if you lose a car accident lawsuit? You might be unsure about what to do if you lose a car accident lawsuit. That is what this review would address today.
Reasons Behind Losing A Lawsuit
If you decide to go to court, the claim’s verdict leaves your hand and shifts to the judge’s or jury’s hands. No matter how engaging your case might sound, the moment the final decision gets placed in the stranger’s hands, there are many reasons why the final verdict would not go your way. There are common reasons behind losing a car accident lawsuit, and here are some of them;
1. No Legal Representation
Filing a lawsuit is a tricky process, and it becomes extra complex if you do not understand the legal process involved. If you file a case for a car accident on your own, you will likely miss out on some vital points and steps like filing all documents in a timely and orderly manner, arguing persuasively in court, and others. Having legal representation would handle all of these, therefore ensuring everything gets done the right way.
2. Sharing Fault For The Accident
Some states permit a person involved in a car accident to get compensation despite playing a part that caused the accident. The verdict of a lawsuit where both parties share blames would be reducing the injured person’s reward by half, but that isn’t the case in some states. In states like Alabama, getting compensation for a car accident lawsuit gets barred since the injured party blames the cause of the accident.
3. Exaggerating Damages And Injuries
Misrepresenting your damages and injuries in a law court can lead to the dismissal of your case. Furthermore, it will harm what you ought to receive for car accident compensation if your case gets dismissed.
4. Evidence Tabled Against You
Your lawsuit might claim you suffered injuries that have hindered you from working and engaging in fun activities. Still, if pictures and videos from your social media pages display otherwise, it can affect your case’s credibility.
5. Inability To Prove Damages You Suffered In The Car Accident
You might prove in court that the other driver is at fault for the car accident, but if you want to win your lawsuit, you would need to confirm that the damages occurred as a result of the car accident. You would not get full compensation if you cannot prove your damages before the judge or jury.
6. Making Damaging Statements To An Insurance Adjuster
If you speak with an insurance adjuster after a car accident, there is the possibility that you might say something that would get used against you in court. If you open up to an insurance adjuster that you bear some faults for the cause of the car accident, the insurance adjuster might bring it up in court as evidence against you where you are placed under oath to tell nothing but the truth.
What Happens If You Lose A Car Accident Lawsuit
Just because you lost a car accident lawsuit doesn’t mean your claim is over. The answer to “what happens if you lose a car accident lawsuit” is simple. You can take up your case to appeal to the civil court of appeal, but it depends on the number of damages you suffered in the car accident.
You would need an attorney to help you with the process, but the first step you have to take is filing a notice of appeal and putting together recorded proceedings for the appellate court to review.
If the appellate court’s verdict goes in your favor, then your case would be sent back to the trial court, so whatever the trial court missed should be considered. However, if the appellate court’s verdict goes against you, then that is the end of the road.
You should talk to an attorney if you have suffered damages and injuries in a car accident because you would learn more about your available options.