Is your car accident lawsuit worth the potential risk?
If you’re considering filing a lawsuit for your car accident, you likely have a lot of fear and uncertainty about the verdict. If you win, you could walk away with sizable compensation, far better than your insurance settlement would allow.
But what happens if you lose? You could walk away with nothing. You could even be held liable for some of the defendant's damages.
So, to sue or not to sue?
To help you make this difficult decision, we’ll explain what happens if you lose and how to prevent an unfavorable verdict by avoiding key mistakes. We’ll also discuss when to consider a lawsuit and some options for recovery if you lose.
One thing you can be sure of is that you can’t make this choice without consulting a personal injury lawyer. Contact No Bull Law for a free case consultation to discuss your best options with an experienced attorney.
Losing a car accident lawsuit would be a tough blow, especially if you’re counting on compensation for medical bills and lost wages. Without a win, you could be stuck covering the costs yourself.
These are the biggest consequences of losing a car accident lawsuit:
1. No Compensation for Damages
Losing your lawsuit means you won’t receive compensation for your economic or non-economic damages.
Economic damages for vehicle accidents include financial losses like medical expenses, property damage, and lost wages, while non-economic damages include pain and suffering, emotional distress, and other non-financial factors.
In the worst-case scenario, the court could rule you were at fault, leaving you responsible for the other driver’s expenses, too. And if the court believes you acted recklessly, punitive damages could make things even more costly.
2. Legal Fees and Expenses May Apply
Most personal injury lawyers work on contingency, so you typically won’t owe attorney fees if you lose.
However, some lawyers still require you to cover certain case expenses, like court filing fees or expert witness costs.
At No Bull Law, we promise no fees ‘less we win. That means you don’t pay a cent unless we can secure a favorable lawsuit verdict for you — no upfront costs, no surprise costs.
That said, if there is a dispute over who’s at fault, and the court decides you were more at fault than the defendant, you may have to pay for their legal fees.
Of course, our attorneys will always carefully review your case and make sure that doesn’t happen. We fight tooth and nail to get you the justice you deserve.
3. Impacts on Your Insurance and Credit
Losing a lawsuit can have lasting financial consequences. Your car insurance rates may rise, especially if the case raises concerns about your driving.
The judgment could also appear on your credit record and hurt your credit score due to unpaid debts, missed payments, new loans to cover damages, or liens on your assets.
Now, this all sounds quite frightening. But the good news is that knowing what can go wrong with your trial puts you in a better position to avoid costly mistakes.
Every car accident case involves numerous factors that decide the outcome. Your lawyer should have already weighed these factors when negotiating with the other driver’s insurance company.
When your case moves to a lawsuit, your case may be weakened by:
- Skipping Crucial Steps After the Accident: Leaving the accident scene without speaking to the other driver or police can seriously damage your car accident claim in court. Instead, remain on scene, follow proper procedures, and collect evidence to support your personal injury claim.
- Not Seeking or Complying With Medical Care: If you skip medical care or ignore treatment, the defense may argue your injuries aren’t serious or weren’t caused by the accident. Always get checked, even if you feel fine, keep records, and stick to your treatment plan.
- Not Having Enough Evidence: You need proof of your injuries, damages, and the other driver’s fault. You’ll also need evidence to counter comparative negligence claims, where the defense argues you were partially to blame.
Keep record of everything relating to your medical treatments and repairs, get the crash report from the Texas Department of Transportation, and work with your car accident lawyer to gather additional evidence as necessary.
- Not Having Good Legal Representation: An inexperienced or unprepared lawyer can cost you the case by missing critical arguments or failing to counter the defense. That’s why you should hire an attorney specializing in Texas car accident cases and with a strong track record, like the expert attorneys at No Bull Law.
- Failing to Follow Court Procedures: Missing deadlines, filing incomplete paperwork, or skipping court can lead to case dismissal. A good lawyer will handle this for you, but stay involved and responsive when needed.
- Providing Unreliable Testimony: Lying, exaggerating, or making statements contradicting other evidence can damage your credibility and spoil your chances of winning.
Stick to honest, well-supported statements and follow your lawyer’s guidance. - Testimonies or Evidence Working Against You: Witness statements, surveillance footage, or forensic analysis contradicting your version of events can put your car accident claim at risk. But a strong lawyer will help you prepare for and counter negative evidence.
- Pre-existing Conditions and Violations: The defense may argue your injuries weren’t caused by the accident, or that past traffic violations make you less credible. Your lawyer must prove the accident worsened pre-existing conditions and challenge the relevance of any past violations or driving accidents.
- Admitting Fault: Even a simple apology after the accident can be used as an admission of liability. Choose your words carefully, sticking to the facts when speaking to police or the other driver. Never speak to insurance companies without your personal injury lawyer
- Discussing Your Case in Ways Not Approved by Your Lawyer: The defense can use anything you say about the accident publicly, on social media, to the opposing party or their insurance company against you in court. Keep your car accident case details private and consult your lawyer before making any statements.
All of these risks and considerations might have you thinking: Is it even worth it to try and file a personal injury lawsuit?
Well, there is no easy yes or no answer, as every case is different.
It depends on the validity of your case, the strength of your evidence and the quality of your car accident lawyer.
The real question is, when is it worth it?
It’s important to remember that personal injury cases will only go to trial when negotiations fail, and your lawyer can’t reach a settlement.
But if everything adds up, going to trial may be the last recourse you have to get fair compensation.
If one or more of the following apply to your injury claim, you can consider taking it to court:
- You cannot reach a fair agreement during insurance settlement negotiations.
- Your damages far exceed the at-fault party’s car insurance limits.
- You’re seeking significant non-economic damages.
- The at-fault party acted with negligence or malice (e.g., a drunk driving accident), justifying punitive damages.
- The other party disputes fault, causing a stalemate in negotiations.
- The insurance company is dragging out negotiations, and the statute of limitations for a lawsuit is drawing near. The Texas statute of limitations for filing lawsuits is two years in most cases.
You shouldn’t let fear of losing keep you from taking legal action and seeking justice. A free consultation with No Bull Law will give you an even better idea of your chances of winning.
In the event you lose, you may still have options to set things right.
A verdict against you doesn’t mean you’re completely out of options. Depending on your situation, you might still have ways to challenge the decision, find alternative compensation, or get financial assistance to ease the burden. Here’s what you can look into next:
- Appealing the Decision: If you think the court made a mistake in your car accident case, you can file an appeal to have a higher court review the ruling. The Texas statute of limitations for appeals is 30 days. Appeals take time and can be costly, but if there was a legal error, you may have a chance to overturn the decision.
- Covering Medical Expenses: If you’re facing overwhelming medical bills, look into payment plans, Medicaid, hospital financial assistance, or medical hardship programs that could reduce or spread out your costs.
- Covering Loss of Income: If you’re unable to work due to injuries from the auto accident, you may qualify for disability benefits, workers’ compensation (for work-related vehicle accidents), or emergency financial assistance programs.
How No Bull Law Improves Your Chances of Winning Your Car Accident Lawsuit
No Bull Law is a personal injury law firm providing honest, direct legal assistance without the BS. The dedicated team at our Texas law office specializes in personal injury cases, including driving accidents, and has a strong track record of securing favorable outcomes.
And guess what: You don’t pay a cent unless we win. No need to worry about upfront costs or legal costs following a loss.
Here's how our straightforward process works:
- Begin with a free, no-obligation consultation to discuss your case and get honest feedback.
- Our team promptly investigates your injury claim and evidence.
- If we take your personal injury case, we work tirelessly to achieve the best possible outcome, gathering essential evidence and building an airtight case.
3 FAQs About Car Accident Lawsuit Verdicts
Losing a car accident lawsuit as a plaintiff isn’t the only thing that could go wrong. Here’s some advice for a few other scenarios that could arise:
1. What Happens if You Lose a Lawsuit as an At-Fault Driver?
If you lose as the defendant, you may be legally required to pay damages, which can include medical expenses, lost wages, property damage, and non-economic damages.
If your liability insurance doesn’t fully cover it, you may have to pay out of pocket, and a judgment could lead to wage garnishment or asset seizure.
2. What Happens if the At-Fault Driver Loses the Lawsuit but Cannot Pay?
If the at-fault driver can’t afford to pay, the court may go after their assets — but many are protected under Texas law. These include their primary home (under a certain acreage), one vehicle per licensed driver, essential household items, and work tools.
On top of this, the other driver can declare bankruptcy. Their non-exempt assets will go towards paying debts on a priority basis. Personal injury judgements are considered relatively low priority and are often wiped out, unless the auto accident involved willful negligence on their part (such as a drunk driving accident).
All this can make it very difficult to collect damages as an accident victim. You may need to speak to your personal injury lawyer and make a plan to find alternate routes for compensation.
3. What if You Win but Don’t Get the Compensation You Wanted?
In some cases, courts will give a favorable verdict, but award you less than you asked for in your personal injury claim. There are many reasons for this. For example, Texas law uses comparative negligence, which means your compensation can be decreased if you were found partially at fault.
If you win but receive less than expected, you may need to explore other recovery methods. This can include collecting through insurance policies or taking legal action against other liable parties.
Expecting the Best and Preparing for the Worst in Your Car Accident Lawsuit
The chance you could lose your car accident lawsuit might be stressful, but knowing what to expect can help you avoid bad outcomes.
Understanding why people lose cases, what consequences you could face, and what options you’ll have afterward puts you in a stronger position.
And if you’re worried about your personal injury case, hiring the right personal injury law firm can make all the difference. No Bull Law fights for real people like you — no gimmicks, no nonsense, just results.
Get a free consultation today and see how we can help with your car accident settlement or lawsuit.
