Insurance companies don’t always give you the money you need to pay for damages, repairs, and pain and suffering after a car accident. If your settlement is low, you may be able to file a lawsuit against the other driver to get the money you need to fund your recovery. However, there’s no guarantee that you’ll win your case, and your West Palm Beach car accident lawyer wants you to be prepared for every possible outcome. Let’s take a look at what happens if you lose a car accident lawsuit and what you can do to set your case up for success.
You’ll Have to Pay for Your Own Damages
When you win a car accident lawsuit, you successfully get money from the other party or parties involved in the accident. And you can use the money to help cover the cost of any repairs, medical bills, or ongoing expenses you have after the accident. But if you lose the case, you’ll have to pay for those costs out of pocket. The other party won’t be responsible for helping you cover your expenses.
You May Need to Pay Your Legal Fees Out of Pocket
Attorneys tend to bill for their personal injury and car accident services in two ways: an hourly or set fee structure or on contingency. If you win your case and your attorney charges on an hourly basis, the other party will typically have to pay for your legal fees as part of the settlement. If you lose your case, you may have to pay your legal fees out of pocket. If you win and your attorney bills on a contingency basis, the fees will come out of your settlement at a specified rate that you’ll agree to before hiring them. If you lose, your attorney won’t be paid for their work, thereby reducing your out-of-pocket costs.
This is why it’s always a good idea to look for a West Palm Beach car accident lawyer who charges on a contingency basis. It greatly reduces your risk of having to pay costly fees if you lose your case.
You May Have to Pay the Other Party’s Legal Fees
When you win your case, the other party typically has to pay your legal fees as well as their own. But if you lose, the opposite is true. You’ll typically be responsible for covering the other party’s legal fees including the filing fee, any court administrative fees, and their attorney’s fees. This can range from a few hundred dollars to a few thousand, depending on the length of the lawsuit and their attorney’s rates.
Filing an Appeal Is an Option
Losing the initial case doesn’t mean you’re out of luck. You may be able to appeal the decision. This triggers a review of the evidence and gives your attorney a chance to argue on your behalf once again. In some instances, appeals can be successful, and if they are, you’ll receive a settlement in an amount determined by the judge.
How to Reduce Your Risk of Losing Your Case
Though you can’t ever guarantee that you’ll win your case, there are a few things you can do to set yourself up for success. Keep these tips in mind:
- Document everything you can. You can use pictures of the accident, medical bills, repair estimates, and other similar information as evidence in your case.
- Work with an experienced attorney. Make sure the attorney you choose has experience representing cases like yours and has a strong record of success.
- Be honest. While it might be tempting to exaggerate to increase our settlement amount, be as honest as possible. This can reduce the risk of the case being dismissed.
Work With an Experienced West Palm Beach Car Accident Lawyer
If you’ve been in an accident and are considering filing a lawsuit against the other driver, work with an attorney who understands the challenges you’re facing. At Winegar Law, we’re here to help. Contact us today to schedule a free consultation.