Many personal injury claims settle before a lawsuit is ever filed in court. Even after it comes time to file a personal injury lawsuit, you still may be able to settle your case for a reasonable amount prior to going to trial. If you go to trial on your personal injury claim, however, there is some level of risk involved. Under Wisconsin law, if you lose your personal injury suit, in that you do not receive a damages award, you will be responsible for paying your opponent’s trial costs. These costs involve things like copy expenses, deposition costs, and fees for subpoenaing witnesses.
If you lose your personal injury case at trial, you do have the opportunity to appeal your case. The appeals process is not quick, and is likely to draw the process out for at least another year or longer. There typically must be a mistake of law or some other evidentiary issue in order for a higher court to overturn a decision in your personal injury case. An appellate court does not consider new evidence or reweigh the evidence that you presented during trial. Rather, that type of court tends to focus on the legal analysis involved in your case.
Other than an appeal, there is really no other recourse for an individual who loses his or her personal injury case at trial. Wisconsin law bars an individual from refiling a second or subsequent time after losing. In other words, there are no second chances if you lose your case. Even if you later discover new evidence about your personal injury claim, you cannot refile your case after losing.
One thing that you typically do not have to worry about if you do not recover any damages from your personal injury case is attorneys’ fees. Most personal injury attorneys handle personal injury cases on a contingency fee basis. This means that you do not have to pay a retainer or any attorneys’ fees up front in order to have a personal injury attorney represent you. If you do not receive compensation in your personal injury case, then you still do not have to pay attorneys’ fees. You only pay for attorneys’ fees if you receive a settlement or damages award in your case.
As this post illustrates, you do have options even if you initially lose your personal injury case. However, you need advice and counsel from an experienced lawyer who can determine your options, based on your situation, and help you make the decisions in your case that are best for you and your family. The Madison personal injury attorneys of Boller & Vaughan handle personal injury cases on a daily basis, and we know what it takes to get the compensation that you need. Take the first step and contact our office today to set up your free consultation with one of our Wisconsin auto accident lawyers.