{"id":26339,"date":"2019-10-10T11:40:46","date_gmt":"2019-10-10T16:40:46","guid":{"rendered":"https:\/\/abconlinehold.wpengine.com\/?post_type=faq&#038;p=26183"},"modified":"2023-01-30T10:48:59","modified_gmt":"2023-01-30T15:48:59","slug":"what-if-you-lose-your-car-accident-lawsuit","status":"publish","type":"faq-article","link":"https:\/\/mcdonaldworley.com\/es\/faq\/what-if-you-lose-your-car-accident-lawsuit\/","title":{"rendered":"What Happens if You Lose Your Houston Car Accident Lawsuit?"},"content":{"rendered":"<p>Most people never admit they\u2019re at fault in their car accident. It seems like it\u2019s always the other driver\u2019s fault. Sometimes, however, it really is the other driver\u2019s fault. When this is the case, you don\u2019t want to be left holding the bag. You want the other driver to be held responsible.<\/p>\n<p>The first time you meet with your <a href=\"\/houston\/car-accident-lawyer\/\">Houston car accident lawyer<\/a>, they can help get your insurance claim filed. This way, you know it was filed properly. Your lawyer can also deal with the insurance adjusters to try to get your claim paid.<\/p>\n<p>Sometimes, no matter what your lawyer does, the insurance company won\u2019t budge when it comes to paying your claim. They may deny your claim at first. If this happens, your Houston car accident attorney will appeal your claim.<\/p>\n<p>Whether or not your appeal works depends on why your claim was denied in the first place.<\/p>\n<p>Some of the reasons your <a href=\"https:\/\/accident-law.freeadvice.com\/accident-law\/auto\/carinsurancedenied.htm\" target=\"_blank\" rel=\"noopener noreferrer nofollow\">claim may have been denied<\/a> include:<\/p>\n<ul>\n<li>The driver\u2019s insurance policy had lapsed for non-payment<\/li>\n<li>The insurance company thinks you were at fault<\/li>\n<li>They don\u2019t believe you were injured<\/li>\n<li>You have a history of filing car accident claims<\/li>\n<li>The driver wasn\u2019t listed on the policy<\/li>\n<\/ul>\n<p>If the policy wasn\u2019t valid, there\u2019s nothing your car accident lawyer in Texas can do about it. You may have no choice but to file a lawsuit against the driver.<\/p>\n<h2>Most Cases Settle Out of Court<\/h2>\n<p>Don\u2019t think that, just because you file suit, you\u2019ll have to go to trial. On the contrary, about 95% of all car accident lawsuits settle out of court. Your injury lawyer will work hard to negotiate a settlement with the defendant\u2019s lawyer.<\/p>\n<p>Nobody wants to go to trial. They\u2019re expensive and time consuming. Plus, there\u2019s no guarantee that you\u2019ll win in court. If you lose your car accident lawsuit, what are your options?<\/p>\n<p>Your Texas auto accident attorney will do their best to settle your case. They&#8217;ll contact the insurance adjuster and try to get your claim resolved. This will continue even after you file suit.<\/p>\n<h2>What If You Go to Trial?<\/h2>\n<p>Your lawyer may not be able to settle your case. If your case has to go to trial, there is a chance you can lose your car accident lawsuit. Your lawyer will do their best to prove the defendant was at fault. They\u2019ll do this by using different types of evidence.<\/p>\n<p>Some of this evidence will include:<\/p>\n<ul>\n<li>Testimony from witnesses who saw the crash<\/li>\n<li>Doctors who can testify to your injuries<\/li>\n<li>Statements made by the drivers at the scene<\/li>\n<li>The police report<\/li>\n<li>Any experts, such as an accident recreation specialist<\/li>\n<\/ul>\n<p>Your lawyer has to prove fault. This means they\u2019ll have to prove negligence. To do this, they must show the following four (4) things:<\/p>\n<ul>\n<li>The other driver had a duty of care<\/li>\n<li>They breached this duty<\/li>\n<li>You were injured<\/li>\n<li>Your injuries were caused by the accident<\/li>\n<\/ul>\n<p>If you can\u2019t do this, you may lose your car accident lawsuit.<\/p>\n<h2>Why Would You Lose Your Car Accident Lawsuit?<\/h2>\n<p>Usually, if the other driver was at fault for the crash, you\u2019ll win. But anything can happen. Sometimes, the judge or jury just believes the defendant\u2019s story instead of yours.<\/p>\n<p>Some of the reasons you could lose in court include:<\/p>\n<ul>\n<li>Lack of evidence<\/li>\n<li>You never called the police so there is no police report<\/li>\n<li>You never went to the hospital<\/li>\n<li>You had a pre-existing condition<\/li>\n<li>You fled the scene of the accident<\/li>\n<\/ul>\n<p>Your lawyer is going to fight hard to make sure these things don\u2019t happen. It\u2019s their goal to win your case and get you the compensation you deserve. When this doesn\u2019t happen, you will have the option of appealing your case.<\/p>\n<p>If you\u2019re not happy with how the judge or jury rules in your case, you have the right to appeal. So does the defendant. You just have to remember, you can\u2019t submit new evidence if you appeal. It\u2019s not an entirely new case. You can only appeal certain issues or mistakes made the first time around.<\/p>\n<p>When the defendant\u2019s lawyer see you\u2019ve appealed, they may be inclined to settled. They don\u2019t want to pay to defend the case a second time around.<\/p>\n<h2>Contact an Experienced Houston Accident Lawyer Today<\/h2>\n<p>If you or your loved one were injured in a car crash, you should call and speak with an experienced <a href=\"https:\/\/mcdonaldworley.com\/houston\/personal-injury-lawyer\/\">Houston personal injury attorney<\/a>. Your lawyer at <a href=\"\/\">McDonald Worley<\/a> can review your case and let you know how strong it is. They can even try to let you know what it may be worth.<\/p>\n<p>Call and schedule your free initial consultation today.<\/p>\n","protected":false},"featured_media":25699,"template":"","meta":{"_acf_changed":false,"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}}},"practice-area":[578],"class_list":["post-26339","faq-article","type-faq-article","status-publish","has-post-thumbnail","hentry","practice-area-car-accident"],"acf":[],"_links":{"self":[{"href":"https:\/\/mcdonaldworley.com\/es\/wp-json\/wp\/v2\/faq-article\/26339","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mcdonaldworley.com\/es\/wp-json\/wp\/v2\/faq-article"}],"about":[{"href":"https:\/\/mcdonaldworley.com\/es\/wp-json\/wp\/v2\/types\/faq-article"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/mcdonaldworley.com\/es\/wp-json\/wp\/v2\/media\/25699"}],"wp:attachment":[{"href":"https:\/\/mcdonaldworley.com\/es\/wp-json\/wp\/v2\/media?parent=26339"}],"wp:term":[{"taxonomy":"practice-area","embeddable":true,"href":"https:\/\/mcdonaldworley.com\/es\/wp-json\/wp\/v2\/practice-area?post=26339"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}