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Atlanta Criminal Defense Lawyers > Blog > Personal Injury > What Happens if You Lose Your Personal Injury Lawsuit?

What Happens if You Lose Your Personal Injury Lawsuit?


Personal injury lawsuits are a complicated matter, and filing a lawsuit is always a tough decision to make. However, filing a lawsuit does not necessarily mean that you will win. But what happens if you lose your personal injury lawsuit?

If you are considering filing a personal injury lawsuit, contact Hawkins Spizman Trial Lawyers to discuss your best legal recourse. Our Dunwoody personal injury lawyers can review your particular situation and determine whether filing a lawsuit is a good idea.

Settling vs. Filing a Personal Injury Lawsuit:

Firstly, it’s crucial to understand the difference between settling a lawsuit and winning or losing one in court. When you settle a case, you and the opposing party come to an agreement outside of the court system for compensation or monetary damages. On the other hand, when you file a lawsuit, you are asking the court system to decide on your case and award damages. If you lose your personal injury trial, you will not receive compensation for your damages, and the financial burden of medical bills and other expenses will remain on you.

What Happens if You Lose Your Personal Injury Lawsuit?

If you lose your lawsuit, you could face three main financial challenges:

  1. You won’t receive compensation for your damages, which means that you will have to cover all medical bills and out-of-pocket expenses on your own. If you have any outstanding bills related to the lawsuit, you’ll be responsible for paying those too.
  2. If you already received compensation or settlement money, you may have to repay that amount if you lose the trial.
  3. You may even have to pay the other side’s legal fees if your lawsuit was deemed frivolous or lacking merit by the court.

As you can see, losing a personal injury lawsuit carries several challenges. That is why it is always best to consult with a lawyer when considering whether you should settle or file a lawsuit in the first place.

Can You Appeal if You Lose Your Lawsuit?

If you are unhappy with the verdict in your personal injury case, you might be wondering whether you can appeal the decision. In most cases, you can appeal a decision, although the grounds for appeal will vary depending on your specific situation. The right to an appeal in civil cases is governed by Georgia Code § 5-6-33.

For example, you may be able to appeal if you believe the judge made a legal error during the trial or if new evidence comes to light after the trial. However, appeals can be costly, and it is important to remember that the appeal court will typically uphold the decision made in the initial trial, making it difficult to win an appeal. When filing an appeal, it is best to hire a lawyer (if you haven’t already) to assist you with the process.

Discuss Your Best Course of Action with a Lawyer

While filing a personal injury lawsuit might seem like the best course of action for obtaining the compensation you need to cover your damages, it is important to understand the potential ramifications of losing your case. Our lawyers at Hawkins Spizman Trial Lawyers can explain what your options are to get the compensation you deserve. We represent injured victims throughout the state of Georgia, including Dunwoody, Gwinnett County, Johns Creek, Fulton County, Alpharetta, Atlanta, Cobb County, and Sandy Springs. Call 770-685-6400 to schedule a free case evaluation.

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