Risks of a Personal Injury Trial
You have two options when involved in an accident; settle your injury claim or file for a trial. While the trial offers prospects of receiving more money, it has some risks you need to be aware of.
Some of the risks of a personal injury trial are:
- Losing the case
There are two possible outcomes to a case; lose or win. Most time you will believe you will win. Having invested in the best personal injury lawyers and provided evidence, it’s only right that you win.
Courts however don’t operate based on what is right or wrong. Instead, it’s all about justice. No matter how much you feel aggrieved, there is always the chance of losing the case. Losing means your time, energy and money are all wasted.
Even if you appeal, there is always the chance of losing yet again.
- Paying for the Defendant costs
The US courts allow a defendant to file bill of costs even when they lose the case. This is when you are responsible for settling all the expenses the defendant might have incurred during the case.
Some of the costs include fees for: clerk, witnesses, summons and subpoenas, experts, and printing. These costs can run into thousands of dollars, leaving you with less money.
Discuss the various scenarios with SMSLegal.com before you commence the case to understand the possibility of a bill of costs against you.
- Owing your lawyer
Lawyers work based on two types of payment arrangements. The first option is the fee waiver where you don’t pay your lawyer if you lose the case. The other option is a gross settlement where you pay the lawyer even when you lose your lawsuit.
The lawyer can ask for expert fees and any other expenses incurred for the case. Paying the lawyer when you lose will likely disorient you financially.
Talk to the lawyer to understand the payment plan before commencing the work. Only work with the lawyer if you are comfortable with the plan and can afford it even if you lose.
- Defendant sues you
The defendant can opt to sue you for having brought your claim before the court if you lose your case.
The defendant can sue for damage to reputation, loss of time and resources, among other reasons. Fighting these claims costs money which is hurtful to your pocket and mind.
- Getting less money
Personal injury lawsuits’ main goal is to help in settling the expenses you might have incurred following the injury. Most times, it’s what the insurance company is willing to give. In some cases, however, the jury might award you less money than what the insurance was offering. This is a loss in the personal injury case.
With all the risks, you might be wondering if filing a personal injury lawsuit is a good idea. Don’t worry, you can still go ahead with the trial. Talk to a qualified lawyer to understand the strength of your case before you head to trial. A settlement is the better option if you have any doubts.