What Happens If You Lose A Personal Injury Lawsuit In Manhattan, NY?

losing a personal injury lawsuit

When you hire an experienced personal injury lawyer in Manhattan, he or she reviews your case thoroughly. Only then can he or she decide whether to file a claim and estimate the worth of that claim. Your attorney can also help you set realistic expectations for the likelihood of winning. Persons who hire experienced attorneys usually have a better chance of winning their cases than those who do not. If you lose your case, however, you may have the chance to appeal.

Factors That Contribute to the Possibility of Losing a Case

When you hire an attorney to work on your case, he or she works hard to ensure you get the compensation your case deserves. However, the negligent party and the insurance company representing him or her will also prepare a strong case. Insurance companies notoriously dislike paying out claims whenever they can. Here are some additional factors that could contribute to an unfavorable outcome.

Failure to Disclose All Details

Disclose all details with your attorney. If you do not, your attorney could get blindsided with hidden information in court and have no rebuttal prepared because he or she did not know the evidence existed. When an attorney has all the information, he or she can prepare to counter unfavorable details with evidence before going to court.

Contributory Negligence

Even if you disclose all the details, it is important to note that playing a negligent role in the incident could hamper your case. Note that New York follows a comparative negligence rule that allows some injured persons to recover damages even if they contribute to the accident. However, the degree of fault may discount the final amount awarded.

Social Media Posts 

Posting on social media can be damaging to your case. It is wise to avoid posting anything related to the injury, including pictures of yourself. Insurance companies and attorneys could use these posts against you in court. It may not be enough even if you delete them after a few days; they will almost certainly have screenshots or records of what you posted. Because of this, your attorney will likely advise you to avoid social media altogether during this period.

Bad Witnesses and Jury Bias

Sometimes, the factors are out of your attorney’s control. If you have had trouble with the law, the insurance company may bring this up to paint an inaccurate picture. For example, tickets for drag racing at 18 years old could cause jury bias. If you wait too long to file a claim, some witnesses may also not remember the details clearly anymore.

Statute of Limitations 

Your lawyer will need to track upcoming deadlines. For example, New York has a statute of limitations generally enforcing a three-year window between an injury and filing a lawsuit in court. After that window passes, you could be barred from filing your claim. There are some exceptions, so speak with an attorney even if the window has passed.

What To Consider After Losing a Personal Injury Case

If you lose your personal injury case, the court may not award any damages. This result is discouraging but does not always count as the final word.

Costs

Manhattan personal injury lawyers generally work on a contingency basis. Consequently, you do not owe the law firm money if your attorney loses your case. It absorbs the costs of the loss. Working on a contingency basis aligns your goals with your attorneys and encourages them to fight hard for your case. In some cases, the negligent party may require that you pay his or her legal fees if applicable.

Lawsuit Malpractice

In the spring of 2023, an attorney used ChatGPT to complete research for a legal brief and did not fact-check the bot before submitting it on behalf of a client. This is an extreme case of negligence in a law case, but it may become more common in the years ahead. If you suspect your attorney caused you to lose the case, you could file a malpractice lawsuit and hire Cellino Law to appeal your case.

Health Recovery

If you sustained serious injuries during this incident, remaining focused on your recovery is important. Stress can negatively impact your health and recovery timeline, so try not to let it get to you. Remember, there are still options; you can still appeal. This is true even if you win but do not win an amount that will adequately cover your medical costs.

Appeal

You do not have to accept the court’s initial ruling. You can appeal the verdict and hope that a higher court overturns it. It is ill-advised to file an appeal independently; this process is very complicated with specific procedures you must follow, so hire an experienced attorney for assistance. Your trial experience likely provided some details on what additional parts of the case need some strengthening.

Settlement Negotiations 

Sometimes, a lawyer may still be able to work out an agreeable settlement outside of court. If the attorneys representing both sides can come to an agreement, they may sign a release that requires one side (more likely you) to accept less than requested in court. The other side may want this if they recognize there is a chance you could win an appeal.

What to Look for in a Top Manhattan Personal Injury Lawyer

No lawyer can guarantee compensation, but some deliver better results than others. Here’s what to look for in an attorney who could be more likely to win your case.

Niche Experience

Personal injury is a vast field. Ideally, you find an attorney that has specific experience in your case. For example, an attorney focusing on car crashes involving passenger vehicles might not be the best choice for a case involving injury from an animal attack.

Proven Results

Not all personal injury law firms display their case results on their websites, but if they do, take a look. Do the results match what you hope to get for your case? Note that past results for previous cases do not dictate future results for yours, but it’s a good starting point.

Customer Service 

The best attorneys treat their clients respectfully and respond promptly to calls and emails. When meeting your attorney for the first time, pay attention to how he or she treats you. Feel free to ask questions, too; a good attorney should answer all of them and inspire confidence and trust.

Reputation 

Additionally, check online reviews of the law firm. Pay attention to both positive and negative comments. If you know people who have worked with them before, ask about their experiences. A good personal injury lawyer should have a solid reputation in the legal community.

Locations and Fees 

Finally, consider the law firm’s service area and whether it has multiple offices. Convenient locations significantly improve your options, particularly if you cannot travel. At Cellino Law, we have offices in Buffalo, Manhattan, Melville, Rochester and Amherst.

Why You Should Choose Cellino Law for Your Case or Your Appeal

Cellino Law is a leading personal injury law firm that has spent the past 60 years building trust with the communities we serve in New York. Our attorneys have years of experience in the field of personal injury and know how to handle complex cases. We offer top-notch legal advice and our attorneys strive to ensure our clients feel comfortable talking about their situation. Contact us to schedule a case review or get more information.

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Testimonials

  • This is to express our gratitude to you and your team in helping us and Stephanie navigate through the legal process following her car accident. We are very satisfied with the outcome and grateful for your hard work and attention to details. We fell confident that with this compensation, Stephanie will be able to move forward with her studies and her life with the ability to care for some of her health needs resulting from the injuries sustained following her car accident. Thank you very much and may God continue to bless your efforts.

    Jose & Rose

  • It was a great pleasure working with you on my lawsuit. You certainly gave 150% of your time and interest in settling my case and for that, I am extremely grateful. Therefore, I want to thank you very much for helping me win my settlement and wish you the very best.

    Linda

  • Thank you for your help in settling the case of my father's accident. I could always count on you to answer my questions honestly and in terms I could understand. If all lawyers at Cellino Law are like you, I understand why they are an A-1 law firm.

    Bedner

  • I really just wanted to say thank you so much for taking my case, answering all my questions, and mostly for being very patient with me. I feel that without you and Roza I would not have been able to get anything at all. I hope to never need a lawyer again, but if I do I will definitely want you both working for me. Again thank your for you hard work, time and patience.

    Veola

  • Joe and I just wanted to send you this note thanking you for the professional way you handled our lawsuit. Your kindness was extremely appreciated in a very difficult time. When we found out the people that caused the accident had no insurance, we thought our chances of receiving any settlement was nonexistent. Once we met with you and released you were able to help us our minds were put at ease. Your aggressive manner of handling the case exceeded our expectations. Please feel free to use us as a reference. Thank you so much and best wishes,

    Danielle and Joe

  • Mark Kochanowicz is from far the best attorney you can have. Mark treats you like a friend more than a client. He truly cares and go the extra mile for you and your case, contacts you to update you in regards to your case and keep you informed at all times. Mark represented me twice and settled my cases for way more than I expected. I highly recommend Mark Kochanowicz because he is just the best on what he does!!! Thank you Mark!!!!

    Maria