After an accident, when you or somebody you know face a car accident lawsuit, you must know the process and consequences of the lawsuit. You should have an understanding of how this matter will turn out once it reaches the court, and what happens if you lose a car accident lawsuit?
However, it is always a preferable option to save money and time by resolving the matter outside the court. But sometimes it is a reasonable option to file a lawsuit when a difference of opinion takes place.
Let’s discuss some of the possibilities when filing a lawsuit is a good option and what happens if you lose a car accident lawsuit.
If the parties are unsure about who was at fault
When you find the information about the insurance company of the other party and reach out to claim the damage you have suffered in the accident, the insurance company may specify your carelessness, make it a cause for the accident, and deny giving you any compensation. In this situation, if you are confident about your claim and believe that you were not at fault for the accident, then you can file a lawsuit against that insurance company and present your witnesses and facts that support your claim.
If you are sure to claim your car accident compensation, then you should consider these steps to avoid losing your car accident lawsuit.
Steps to avoid losing your car accident lawsuit
Before you hire a lawyer to file your car accident lawsuit claim, you must take a brief consultation from your lawyer whether the claim you are willing to file is worth claiming or not. The lawyer will identify what are the loopholes in your claims and how can you take over them.
After hiring a lawyer, the process of lawsuit settlement negotiations starts. While you wait for your trial date, you must work with your attorney on your case gathering evidence together and testimonials supporting your angle. This is the most important phase in which minor negligence in preparing your case can make you lose your case. Any misinterpretation can be a certain misfortune.
The trial starts with the arguments of a plaintiff, who has filed the lawsuit against the other party defendant. The defendant can then have the option to present their arguments. Then both parties give a closing argument that shows their point on the incident. Before coming to the final words, the jury hears both the parties and their viewpoints.
What happens if you lose?
If the verdict goes in your favor and you win the lawsuit, then you will get your claimed compensation amount according to the final decision made by the jury. But you should be aware of the fact that what happens if you lose a car accident lawsuit?
If you are a plaintiff, and even if you have presented your case strongly with valid pieces of evidence, it is not guaranteed that you will win the case. You may have to settle for the original compensation offered by the insurance company if the jury found your arguments short for claiming a high compensation amount. This might happen if the court finds your partial involvement in the accident.
If you are a defendant, and your insurance company had legally denied the compensation amount to the plaintiff before the lawsuit was filed in the court and you lose the case, then you have to adjust the compensation cost on your own.
In case you don’t have enough money to be paid for the compensation amount, then your property can be seized or auctioned by the police on the order of the jury, and in the cases where you don’t possess any property nor any cash then your future income will be garnished until the compensation is paid off.
Handling the case by yourself
You can also lose your case if you try to handle your case by yourself and don’t have any experience. It is vitally important to find a worthy car accident lawyer for your lawsuit with good experience in car accidents as early as the case has been scheduled for trial.
Misinterpreting/ false statements
It will be your last mistake if you misinterpret, lie, or give any false statement in the court under oath. Even if your statement supports your cause in the case but if you failed to prove your statement and support it with evidence and witnesses, then not only will your case be challenged but your future statements would also be questioned. In short, you will lose your credibility because of your act.
It is always important to keep your claims clear in the court and to your car lawsuit attorney, so that you would not get caught in any false evidence and lose your claim.
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