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What Can I Do If I Lose a Car Accident Injury Case?

If you’ve suffered from a car accident injury, you are likely facing medical bills and a lot of uncertainty. It’s common to worry about what will happen if you have to take the insurance company or the other driver to court and then lose, but the good news is that this is uncommon. Let’s take a look at the potential outcomes of a car accident lawsuit, as well as the question “will my Houston, TX attorneys receive compensation if we lose the case?” Rest assured, the news is primarily positive.

First, You’re Very Likely to Win

You have a high likelihood of prevailing in your car accident case if your attorney agrees to take it on, so there’s no need to be overly concerned about the consequences of losing. Attorneys are selective about the cases they take. The reason for this is that most personal injury attorneys work on a contingency basis, which means they only get paid if they win your case.

This means that if your case is unsuccessful, the attorney doesn’t get paid anything, and all their time is wasted. Because attorneys are only paid if they win, they take great care in choosing and bring all their expertise to bear. And if you’ve chosen attorneys with years of expertise like we have here at Houston Injury Lawyers, PLLC, you can be sure that they know very well how to judge the merits of your case.

Think about it this way: attorneys who take on cases that they don’t think they can win ultimately risk going out of business. New attorneys either learn quickly how to judge a case, or they fail, so if an established, experienced attorney is willing to take on your case, it’s a good sign.

Financial Details

Lawyers are well aware that clients often lack the resources needed to fight an expensive court battle, so they often advance the costs associated with car accident cases and only receive payment upon winning. That means they are not only risking their time but also losing any fronted money, and for them, this is another reason to exercise caution when deciding which cases to accept. Again, it’s a really good sign for you if a good attorney is will take your case!

But, There’s a Good Chance You’ll Never Go to Court in the First Place

Over half of car accident cases are resolved before a lawsuit is filed. Even more cases are then settled during the lead-up to the trial process. This is because it’s in everyone’s best interests to settle. Naturally, you’d like to settle as quickly as possible and get what you need to move on. Your attorney would also not mind settling quickly and getting their fee out of the settlement, though they should be willing to take it all the way as necessary. But even the insurance company is also typically incentivized to settle.

The likelihood of a car accident case settling in your favor is influenced by the expertise, reputation, and knowledge of your attorney, but insurance companies must also settle cases fairly quickly most of the time to maintain their financial stability. They often employ strategies to devalue cases, such as enlisting doctors to review medical records and identify issues. These findings are then used to persuade injured parties and their lawyers to accept lower compensation or reach a compromise. Your lawyer can undermine all these strategies and get them to give you fair compensation.

And, You Can Still Settle Even After Filing Suit

Sometimes, it takes a strong statement to get the insurance company to bend, and that’s about half of cases are settled without filing a lawsuit, yet closer to 85% actually do settle out of court. In the event that your personal injury attorney and the insurance company are unable to agree on an acceptable settlement offer, cases often settle after a lawsuit has been filed once the insurance company sees you’re not bluffing, and sometimes because a judge has looked at the evidence and suggested settlement conferences or mediations.

What Happens If You Do Lose?

If a settlement is not reached, the case proceeds to trial, where the outcome can be either a win or a loss, even for strong cases. So, what happens if you do actually lose a car accident lawsuit? While it is an unpleasant thought, a small percentage of cases do lose, even when the attorney thinks the case is strong. An even smaller percentage cannot proceed to trial due to factors such as missing witnesses or other insurmountable issues.

If you lose a car accident case, it typically marks the end of the legal process, meaning you will not receive any compensation. This can be a difficult reality to accept. Furthermore, you may be required to cover some of the defense’s case costs, although defendants often choose not to pursue case costs in these situations. On a more positive note, though, if there is no recovery in your car accident case, your attorney will not collect any legal fees. They only receive payment if they win.

Practical Tips in Case of a Loss

File an Appeal

There are various acceptable reasons to appeal a personal injury case, including if there was misconduct by the jury, if a witness provided incorrect testimony, if the verdict was not in accordance with the law, or if there was no evidence to support the verdict. An experienced personal injury lawyer can help you determine if an appeal is likely to succeed.

To appeal a personal injury case, the process is similar to appealing other types of cases. In Texas, you must appeal within 30 days of the initial court verdict by filing a notice of appeal. Both parties must then submit a brief to the court within 30 days, which may be followed by an oral argument in complex cases. During the oral argument, the appealing party must clearly state their disagreement with the initial court ruling. Once the appeal process is complete, the case will be reexamined; and in straightforward cases, oral arguments may not be necessary to reach a judgment.


Even if you lost your case, you may still be able to negotiate a settlement with the other party’s insurance company. The insurance company may be willing to offer you a settlement under certain circumstances, though it’s unlikely to be anything like as large as what you asked for in the case itself. Still, you’ll come away with something.

Choose an Experienced Houston, TX Car Accident Injury Attorney

An experienced car accident attorney will have the knowledge and resources to help you navigate the legal system and maximize your chances of success. They will also have a good idea of the strength of your case, and you can rest assured that they’re unlikely to take your case if the chances of you losing are too high. If your attorney takes the case, you are very likely to get a good settlement. Don’t try to negotiate alone after a car accident injury: contact Houston Injury Lawyers, PLLC right away for a free consultation at 713-547-4903.

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