After the Verdict: What Losing a Personal Injury Claim Means for You

Facing the possibility of losing a personal injury claim can feel daunting. Most people fear that their claim will fail, which often deters them from claiming in the first place. If you’ve attempted to make a claim but didn’t get the outcome you were expecting, you might be unsure about what steps to take next. Read on to find out what happens if you lose a personal injury claim.

Before we dive into the effects of losing a claim, it’s important to grasp what personal injury claims are all about. These claims arise when someone suffers injuries due to another person’s negligence or wrongful actions. Think of it as seeking compensation for damages—like medical bills, lost wages, and pain and suffering.

Why are personal injury claims unsuccessful?

It is important to understand why some personal injury claims may be deemed unsuccessful. This may be due to several reasons, some of which include:

Lack of evidence

The claimant must be able to provide sufficient evidence to prove they were involved in an act of negligence of another party. This may include medical records, witness statements, or photographs, this evidence must prove that the other party was at fault. The claimant must also prove that the defendant’s actions directly caused the injury. If causation is unclear or cannot be established, the claim might fail.

Contributory negligence

If you or the other party were partly to blame for the incident or injuries, then contributory negligence will apply. This can reduce or eliminate the possibility of recovering damages. Depending on the jurisdictional laws, it can also lead to the dismissal of your claim, resulting in no compensation,

No liability or legal duty

The claimant must prove that the defendant owed them a duty of care and breached that duty. If the court finds that the defendant did not have a legal obligation to prevent the injury, the case may be dismissed. Equally, if the injury was caused by an event outside human control, such as a natural disaster, it may not be possible to establish liability.

Insufficient financial impact

If the injury is minor and does not result in significant medical bills, lost wages, or emotional distress, a court may not see sufficient grounds for compensation, especially if the cost of litigation outweighs the potential award.

Pre-existing conditions

If the injury existed prior to the incident in question, it may be difficult to prove that the defendant’s actions caused or worsened the condition. Insurance companies often argue pre-existing conditions as a reason to reduce or deny compensation.

What are the costs involved in making a personal injury claim?

Regardless of the strength of your case, pursuing a personal injury claim can be expensive, particularly if it proceeds to court.

These expenses may include:

– Medical fees
– Solicitor’s fees
– Barrister’s fees
– Court fees
– Expert witness fees and other third-party expenses
– The defendant’s legal costs (if you lose the case).

What happens if you lose a personal injury claim?

If your claim gets denied, or you lose in court, it can have significant consequences. First up is the financial toll. Losing a personal injury claim often means you can’t recover those expenses. Furthermore, you still have medical bills piling up, and you might miss out on compensation for lost income, too. That can be a heavy load to bear.

Also, If your claim is unsuccessful and you do not receive compensation, the defendant may attempt to recover their legal costs from you. Any such costs, along with other expenses you may be liable for, would typically be covered by an After the Event (ATE) insurance policy. Your solicitor will arrange this ATE policy when establishing the Conditional Fee Agreement (CFA).

However, if you win your claim, the defendant will typically cover most, if not all, of your legal fees. Having said that, with certain Conditional Fee Agreements (CFAs), any remaining balance may be taken from your compensation. It’s important to clarify this with your solicitor before agreeing to any terms.

What is the psychological impact of losing your claim?

It’s not just about the money; losing a claim can hit you hard emotionally. You might feel frustration, disappointment, or even anger. It’s tough to watch your hopes of financial relief slip away, especially after you’ve gone through a traumatic experience. Your feelings are valid, and processing them is part of healing.

What can I do if my personal injury claim is unsuccessful?

If you have lost a claim, the road does not have to stop there. You can make an appeal to review your case. It’s similar to getting a second chance at a test; you can review your answers and try to improve. An appeal allows you to challenge the decision, but remember, it’s a process that requires time, energy, and perhaps more legal fees.

However, before making an appeal, it is important to understand why the claim was unsuccessful. You can do this by requesting a detailed analysis from your lawyer.

How can I find a reliable lawyer?

Here at Capital Lawyers, we are a panel of trusted and experienced personal injury lawyers in Cambridge with a 98% success rate. Our team know how frustrating an unsuccessful claim can be, which is why we are dedicated to offering our support and guidance for the best course of action. We pride ourselves on our transparent service and will offer our expertise every step of the way.

Contact us today and get your claim moving forward.