When you experience a car accident, the financial costs of medical bills and property damage can take a significant toll on your life. You might understandably feel willing to go to any lengths to get the compensation you need to get your life back on track, even if that means filing a lawsuit and battling the insurance company in court.
It is important to understand that when you file a lawsuit, or when another driver chooses to sue you, the judge may rule against you and that there can be consequences if they do. Our team at Cellino Law is passionate about representing injured New York drivers in settlement discussions or court proceedings, but we also believe in educating our clients on the legal process so they can fully grasp all of their options.
What Is a Car Accident Lawsuit?
When you suffer damages in a car accident, your most reliable avenue for securing compensation is to file a claim against the at-fault driver’s auto insurance provider. If you and your legal team can provide evidence that the other driver was guilty of negligence and that their wrongful behavior resulted in your damages, then the insurance company is under obligation to offer a financial settlement as compensation. Aside from negotiating with the insurance company outside of court, you also have the option to sue the at-fault driver directly.
Filing a car accident lawsuit can be an appealing option if the other driver is uninsured or if it seems like the insurance company will not offer an adequate settlement package. In a car accident lawsuit, you present your case to the court and a judge will make a final verdict. If the judge rules in your favor, the other party must pay the settlement amount mandated by the judge
Will You Be Liable for Damages if You Lose the Lawsuit?
If the evidence is not in your favor and the other party manages to make a compelling argument, it is unfortunately possible that the judge may rule against you. If you lose the car accident lawsuit, you may be liable for the other party’s damages. This may entail any medical expenses, lost wages and other costs that they incurred as a result of the accident. The court may even demand that you pay punitive damages to compensate the other party for going to court.
Losing a car accident lawsuit can lead to immense financial strain, especially if you also have your own injuries and repair costs to consider. Your auto insurance policy will likely pay for the other party’s damages, but there is a possibility that your premiums will increase after an accident. Our car accident lawyers at Cellino Law can help you explore options for overcoming the effects of losing a lawsuit, such as the possibility of filing an appeal.
What Can Cause You To Lose Your Car Accident Lawsuit?
Winning or losing a car accident lawsuit depends entirely on the evidence. Achieving success requires providing evidence that the other party was guilty of negligence, that their negligence translated into fault for the accident and that the accident caused you to incur damages recoverable through legal action.
With those requirements in mind, there are a few possible reasons why you might still lose a car accident lawsuit:
- The other party turned your words against you
- A lack of documentation such as photographs, medical records or witness statements
- Missing doctor appointments that would lend credibility to your injury claim
- Choosing to represent yourself
Working closely with a personal injury lawyer can help you overcome many of the challenges that might otherwise cause you to lose your lawsuit. Our attorneys at Cellino Law can level the playing field and help you maintain an organized and composed stance throughout the entire process.
Can You Appeal the Verdict if You Lose Your Lawsuit?
You do have the option of appealing a judge’s verdict if you believe it was unjust or based on incorrect information. It is worth considering that this process can be difficult and time-consuming, though. Successfully appealing a judge’s decision requires you to prove that there was a mistake. This leads to a careful review process that can take multiple years in some cases.
A car accident lawyer with courtroom experience can help you determine if filing an appeal is a worthwhile endeavor. If you do decide to appeal, having a lawyer on your side becomes even more important. There are strict requirements to meet during the appeals process, as well as complex processes and legal hurdles to navigate along the way. A lawyer at Cellino Law can help you stay on the right track.
How Can an Attorney Help You Win Your Lawsuit?
If you are going to court for a car accident lawsuit, whether as the plaintiff or as the defendant, it is important to have an attorney at your side who is comfortable with courtroom litigation. The other party is likely to have their own lawyers or insurance representatives who are capable of bending evidence and policy terms in their favor. You need a legal ally who can level the playing field and give you a fair chance of winning your lawsuit.
Our team at Cellino Law can help you win at trial by:
- Investigating the circumstances surrounding your accident
- Collecting and presenting evidence to establish the other party’s fault
- Leveraging extensive courtroom experience to provide fierce advocation
- Negotiating with the insurance company outside of court if you decide to settle instead
The courtroom can be a high-pressure environment where it is easy for those without the proper experience to say or do the wrong thing, especially if the other party is making aggressive arguments. Choosing to represent yourself or hire a lawyer with little courtroom experience may do much more harm than good. A practiced courtroom lawyer who does not succumb to intimidation can make all the difference.
Should You Accept a Personal Injury Settlement Instead?
Sometimes, it can be tempting to file a lawsuit so you can pursue every bit of compensation you can get from the person who wronged you. Other times, going to court might be the only way to get any compensation at all. On the flip side, if someone is suing you after an accident, you might feel strongly about not backing down and choosing to fight back instead.
The alternative to all of these scenarios is to negotiate a settlement outside of court. While settlement discussions can be stressful in their own right, they tend to be less contentious than courtroom arguments. You may also save a great deal of time and money by choosing to settle as well. While it is true that the insurance company might try to lowball you or rush you into accepting a less-than-favorable offer, having a car accident lawyer to represent you can help you achieve the best outcome possible.
Contact Cellino Law for Your Car Accident Lawsuit
Losing a car accident lawsuit usually means that you will be responsible for the other party’s damages. Our team at Cellino Law spares no effort to help you win your case and we do not expect you to pay until you win or collect a settlement. Contact us today to get started with a free case review.