What Happens if You Lose a Car Accident Lawsuit

It has been reported that, in 2020, some 43 percent of car accidents resulted in injury. In the aftermath of a car accident, you may be in an extremely elevated emotional state, especially if it is discovered that you have been hurt.

If you were the victim in the crash, you may rightly seek compensation for damages. If the at-fault party refuses to cooperate or the compensation amount exceeds the insurance company’s limits, though, you may have no choice but to pursue a car accident lawsuit.

However, what if the decision of the judge or jury is not in your favor? What potential consequences could you be facing if you do not win your car accident lawsuit?

Consequences of Losing a Car Accident Lawsuit

If you lose your car accident lawsuit, you will be facing some stiff financial consequences. Some of these consequences are:

• No compensation: If you lose your car accident lawsuit, you will be responsible for paying all the bills received that resulted from the crash. This includes costs that cannot be covered by your insurance provider. Also, you will be unable to recover any lost wages from days missed at work.

• Legal fees: If you do not win your case in court, it is quite possible that you will be responsible for paying your lawyer’s and the other party’s legal fees. You may also have to pay additional fees for filing, document preparation, transcripts, and expert witnesses.

• The opposing party’s damages: If you are unsuccessful with your car accident lawsuit, you will be liable for compensating the opposing party for damages. This may include compensation for pain and suffering and property damage, in addition to medical bills and lost wages.

• Possible punitive damages: In addition to paying compensation to the opposing party, the judge may also hold you liable for punitive damages. Different from compensatory damages, punitive damages – which can be especially sizable – are imposed as punishment for the defendant’s reckless or negligent behavior and to deter potential future offenders.

As you can see, you could wind up facing significant financial consequences if you lose your car accident lawsuit. If your insurance limits are not high enough to cover the losses, not only may the court impose interest on any remaining amount, but the opposing party may garnish your wages or put a lien on your home.

Facing such a sudden and heavy financial burden, you may be forced to take out a loan, look for an additional job, or even file for bankruptcy. Fortunately, such a scenario can be avoided. There are steps you can take to avoid losing your car accident lawsuit.

How to Avoid Losing Your Car Accident Lawsuit

The best way to avoid a potential loss is to hire an experienced personal injury lawyer. There are essential steps that both you and your attorney can take in order to strengthen your case and maximize your compensation.

Hire a car accident lawyer

An experienced car accident lawyer will be able and prepared to do the following on your behalf:

• Build a strong case on your behalf based on solid evidence
• Contact experts who can perform a thorough investigation of the accident and gather all the facts
• Calculate all your present and future losses to determine a fair amount of compensation from all responsible parties
• Respond to tactics used by insurance companies who attempt to lower the amount of the claim
• Fight tenaciously to get you a fair settlement before your case must go to trial, to minimize legal costs and other losses
• File a lawsuit if the insurance company refuses to negotiate a fair settlement

Follow these steps

Here are some more steps you can take to help your car accident lawsuit along:

• Obtain evidence after the accident: Immediately after the car accident, if you are physically able, gather as much evidence as you possibly can. Take pictures of both vehicles and any injuries sustained. Also, obtain the contact information of any eyewitnesses and write down any details that you recall from the accident.

• Be careful when speaking with the insurance company: You should not speak with the other driver, his or her insurance company, or even your own insurance company – without the guidance of a lawyer. Remember, any words that you say could later be misinterpreted and used against you, even when you have made an innocent mistake.

• Do not skip medical appointments: If your doctor outlines a treatment plan for your recovery, follow through with it carefully. Do not miss any follow-up appointments or attempt to return to work too early. Doing so could make it seem as though your injuries are not that serious.

• Do not withhold evidence or misrepresent the facts: When speaking with your lawyer, disclose any evidence that you may have obtained, even if you might feel that it would not help your claim. Also, avoid exaggerating any facts, such as injuries or damages. There is a strong possibility that such evidence and facts could be discovered and used to discredit your lawsuit.

• Avoid posting on social media: Nowadays, people love to share information about their lives on social media. However, in the aftermath of your car accident, it would not be wise to post about the accident on social media. Whatever you say or any pictures you post could be used against your claim later.

Hire the Right Attorney for Your Car Accident Claim

Make no mistake: The car accident lawyer you choose to hire will have a direct impact on the outcome of your case. So make the right choice to make sure your peace of mind is preserved and your financial stability restored.

You want a law firm that has experience successfully negotiating fair settlements for car accident victims. What’s more, a quality law firm will know how to prepare for and successfully argue a car accident claim in court, if necessary.

If your case falls under our jurisdiction, Siegfried & Jensen is that law firm. Our lawyers have been successfully winning personal injury cases for our clients over the past 30+ years. Find us throughout Utah in Salt Lake City, Ogden, Orem, St. George, Layton, and Logan with new locations set to open in Saratoga Springs, Payson, and West Valley. In Washington, look for us in Spokane with Spokane Valley joining soon. Finally, if you’re in Idaho, you can find us Boise and soon in Meridian.

Call us today at (801) 845-9000 to schedule a free case evaluation. Time is limited to pursue a claim, so do not delay.