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If you lost your personal injury case at trial, you’re unlikely to see any money. A trial is the last step in the personal injury lawsuit process, so unless the trial judge made a glaring legal error or you can demonstrate that you had inadequate counsel, it’s unlikely that you’ll have grounds to file an appeal.
However, if you lose your personal injury settlement negotiations, you may still have a fighting chance of getting an award. It depends on what, exactly, you lost, and the unique circumstances of your case. Your best chance of not losing your case is to work with a West Palm Beach personal injury lawyer who has experience and success in litigating your type of claim.
Appealing lost personal injury claims in Florida
If you believe that the court made a legal error in your trial, you can file a Notice of Appeal with the Florida District Court of Appeals within 30 days of the trial’s conclusion. The appeals process focuses on legal errors that may have been made at trial. You won’t be able to introduce new evidence unless your situation meets very narrow grounds to do so.
When can you not appeal a lost civil case in Florida?
If you negotiate a settlement with the other party and voluntarily sign the agreement, then you’re bound to its terms; you can’t appeal the mutually agreed-upon resolution to the dispute.
You cannot appeal a loss at trial because you aren’t happy with the result. Nor can you appeal the decision by the court if you believe that your award is less than what your case was truly worth.
What about my legal fees? Do I still have to pay my lawyer?
Most personal injury lawyers work on a contingency basis, which means that they only charge legal fees if they win your case. Your lawyer will receive a percentage of your final award or negotiated settlement (which should be stated in your contract; 30-35% is usually the average amount).
Even though you may not owe legal fees directly, you could still be responsible for other case-related costs. Any expenses related to the case, like court filing fees and the cost of consulting with expert witnesses, may be your responsibility even if you lose. Check your contract carefully; it will state what, if anything, you owe your lawyer after a loss.
Who pays my medical bills if I lose my lawsuit?
Your medical bills are always your responsibility after a personal injury accident. Even if you receive a settlement that covers all necessary medical care, you will still need to pay the doctor or hospital for the medical treatment they provided. Your own health insurance policy may cover your medical care in this case.
You may have already negotiated a payment plan with the doctor or insurance company, delaying payment for services until after your case is resolved. If you lose, you may have to renegotiate the terms of the payment plan with the parties involved.
Any property damage you sustained in the incident, such as a wrecked car or broken phone, will also be your responsibility. Your PIP insurance or auto coverage may offer partial relief.
If your personal injury case doesn’t succeed, what comes next?
Have you been hurt due to someone else’s negligence and need help filing a claim? Our firm has a strong track record of achieving top-dollar settlements and jury awards. Even if your first case didn’t succeed, that doesn’t mean you’re out of options.
An experienced personal injury attorney can help you understand whether an appeal or new claim is possible, and what steps you can take to protect your financial recovery. Call Lytal, Reiter, Smith, Ivey & Fronrath today at (561) 655-1990 for a free consultation with an experienced personal injury attorney.