We are available for video conferences or in person consultations.

What Happens if You Lose a Car Accident Lawsuit?

Worried young man with broken leg in plaster cast lying down on sofa at home and talking on her mobile device. what happens if you lose a car accident lawsuit

If you lose a car accident lawsuit, you may be able to appeal a settlement or verdict with the help of a car accident attorney. However, you will need to gather plenty of evidence showing how the other party was liable and take the right steps to successfully appeal a case.

For help with appeals and the initial filing of a car accident lawsuit, call Young, Reverman & Bolotin at 513-400-0000 for a free consultation with a Cincinnati car accident attorney.

What Happens After Losing a Car Accident Case?

According to recent data from the Ohio State Highway Patrol (OSHP), 10,195 vehicle accidents occurred in Hamilton County in 2023. Many of these resulted from the liability of a driver or another party, resulting in car accident claims or lawsuits.

While many people succeed with a case, car accident cases don’t always end the way claimants hope, resulting in outcomes they didn’t expect. One of the myths about car accident lawsuits is that you are stuck with the final decision in a settlement or verdict. However, this simply isn’t the case.

In the event of a settlement or verdict that isn’t satisfactory, you may be able to appeal the decision. The appeals process will require you to take steps to get higher courts to review your case and determine whether to reopen it or reverse the decision.

If your case is resolved during the settlement process before going to trial, it can be challenging to appeal a decision if you have signed a release of liability after accepting the settlement. This release would prevent the plaintiff from pursuing the same case against the defendant after settling. However, you might be able to appeal the settlement regardless, such as if you find that the defendant or an insurance company engaged in deceitful practices that hindered your ability to recover the total settlement.

You could decide to appeal a verdict if your case goes to trial. Specifically, the courts would issue a verdict to determine whether the plaintiff can recover compensation following an accident. In these instances, you would need to provide the court with a compelling reason to reopen the case and overturn a verdict, such as defendants taking steps to prevent the recovery of key evidence or errors that compromised the case.

In any case, to succeed with an appeal, it is crucial to hire an experienced car accident lawyer.

How to Minimize Your Chances of Losing a Car Accident Case

When beginning a car accident case, there are key steps to take that can help increase your chances of winning and getting the full compensation you need.

These steps include:

Seeking Immediate Medical Care

The first step to take after a car accident is to seek professional medical care for the injuries you sustained. Waiting too long to do so could increase your chances of developing a serious condition, while also decreasing your ability to prove that the accident caused your injuries.

Regardless of the severity of your injuries, you should seek treatment for a formal diagnosis and medical documentation. These documents can make or break your case when proving the nature of your injuries.

Collecting Sufficient Evidence

In addition to seeking treatment and collecting evidence in the form of medical records, there are plenty of other pieces of evidence to collect to support a claim or lawsuit.

Some of the most vital pieces of evidence in these cases includes:

  • Police reports
  • Witness statements
  • Photos and video footage of the accident scene, injuries, and property damage
  • Receipts for repaired or replaced property

When police arrive at the scene of the accident, be honest with officers and provide as many details as you can, as this could help align the police report with your statement and prove your version of events.

Ultimately, the more evidence you have in your favor, the stronger your case will be.

Getting the Right Representation

Car accident cases involve many aspects that can be difficult to track, especially if you’re unfamiliar with these cases. To give your case the fighting chance it needs to succeed, be sure to consult with a car accident attorney. Most car accident attorneys will allow you to meet with them in a free consultation to discuss a case and work on a contingency-fee basis, meaning they won’t charge you until they’ve reached a settlement.

An attorney can help with everything from collecting evidence and negotiating claims with insurers to representing you in a trial if your case goes to court. In addition, he or she will help you appeal an unsatisfactory decision if you have the grounds to overturn it.

Reasons You Might Lose a Car Accident Case in Cincinnati

There are several factors that could hurt or compromise your car accident case in Cincinnati and across Ohio.

Not Enough Evidence

One of the reasons for claim denial is the failure to provide sufficient evidence to support your case. This could be due to the lack of availability of evidence or even the defendant’s attempt to obstruct the inclusion of evidence. Some defendants may attempt to destroy evidence.

If you can prove that evidence should have been permissible and could have altered the outcome of your case, you may successfully appeal a decision.

The Jury Makes an Erroneous Decision

If your case goes to court in front of a jury, the jury will be responsible for making the decision regarding your case’s outcome.

While members of the jury do what they can to make a fair judgment, sometimes they make mistakes. For instance, a jury member may not properly review all the evidence present in a case before making a decision. If you can show that the jury made the wrong decision in your case, you might be able to appeal its decision.

You Don’t Have the Right Attorney

You may fail to succeed with a case if you don’t have the right representation backing it. To excel with a case and maximize your chances of winning, you must have a good attorney behind you.

The right lawyer will help you collect evidence, organize it to present a compelling case, determine the total settlement amount you can recover, negotiate with insurers through counteroffers, and represent you in court.

A good attorney will learn the ins and outs of your case and determine the best approach to take based on your case’s needs, which is why you should take the time to find the ideal lawyer with multiple consultations. Shop around for an attorney that seems to understand your case and is a good fit for you.

Steps to Take if You Lose

If you lose a car accident claim or suit, there are steps you must take to help you succeed with the appeals process.

The following are the main steps to take when appealing a car accident case:

Determine Whether You Can Appeal

The first step to take is to consult with your attorney to discuss the possibility of successfully appealing a settlement or verdict. Depending on the situation and the circumstances of the case, you may be unable to reopen the case or have a decision overturned. Your lawyer can review the details of your case and help you decide whether it’s worth it to go through the appeals process from there.

Identify the Grounds for Your Appeal

You and your attorney can identify the grounds for the appeal, which may include:

  • The defendant or court didn’t allow valid evidence in the case that could have influenced the jury or judge’s final decision.
  • Incorrect rulings prevented expert witnesses from giving valuable insight into the case.
  • Misconduct on the part of jurors, such as jurors failing to judge a case impartially.

File the Appeal

In Ohio, you have 30 days to file an appeal in civil cases. As a result of this tight deadline, you should never wait to file your appeal once you determine you have a valid reason behind it. Your attorney can work with you shortly after a case initially ends to determine the grounds for filing an appeal and help ensure you file it before you’re unable.

Whether you want to file a case or appeal an initial claim or suit, you need a good Cincinnati car accident attorney to help you succeed. At Young, Reverman & Bolotin, we have the experience and knowledge needed to help build a car accident case. Contact us online to schedule a free consultation today.

Jay A. Bolotin is a partner at the injury law firm of Young, Reverman & Bolotin. Serving the people of Indiana, Kentucky, and Ohio, Jay dedicates his career to helping clients in the tri-state area obtain financial compensation after suffering serious injuries. He focuses his practice on cases involving car accidents, trucking accidents, dog bites and animal attacks, and other types of personal injury incidents.

Years of Experience: More than 25 years
Registration Status:: Active
Bar Admissions: Illinois, Kentucky, Ohio, Indiana, and Cincinati Bar Association