What Happens If I Lose My Personal Injury Case

Most personal injury cases settle before they ever go to trial, meaning that you and the defendant have reached some agreement between your lawyers or mediation before having a court decide on your case. If you go to trial, there is a level of risk involved. In some states, you may be responsible for paying the opponent’s trial costs if you lose your personal injury case. These expenses can include copy expenses, deposition costs, and fees for subpoenaing witnesses.

Appeal the Decision

Much like the defendant can appeal if they lose, you also may appeal the case if you lose. The appeals process can be lengthy and may drag out your case for an additional year or more. Typically there must be some mistake of law or some other evidentiary issue for the higher courts to overturn a decision in your case. You will not be allowed to present new evidence, and the appellate court will not readdress the evidence presented in your trial. Instead, they will focus on how the case was handled and the legal analysis involved.

There is very little recourse for either losing party in a personal injury case other than an appeal. Even if you later discover new evidence about your claim, you often cannot refile your case after losing.

Paying the Bill

Most personal injury attorneys work on a contingency fee basis. This means that you do not pay your attorney up front. Additionally, you usually will not owe your attorney any fees if they do not recover damages or receive a settlement on your case. 

Hire An Experienced Kentucky Personal Injury Attorney

While you may have limited options if you do not win your case, you need advice from an experienced personal injury lawyer to determine your options and guide you through the process for the best possible outcome. At Saladino & Schaaf, our attorneys have more than 85 years of combined experience handling personal injury law cases. If you’ve been injured in an accident that was no fault of your own, contact us online or call us at 270-444-0406 (Paducah) or 270-753-1529 (Murray) today to schedule a free consultation.