If you are considering a personal injury claim in Kamuela, it is understandable for you to wonder what happens if you lose your personal injury claim. For starters, it is important to understand what “losing” a claim looks like. The consequences of having an insurance claim denied are very different than losing a case at trial.
The good news is that you could have legal options available to you if your personal injury case is unsuccessful. Even if you are ultimately unsuccessful in your case, our personal injury lawyers will not charge you a fee.
The attorneys at Olson & Sons understand how important your personal injury case is. You deserve to pursue your claim without worrying about the prospect of walking away with nothing but a bill from your attorney. Reach out to Olson & Sons right away to schedule a free consultation.
What Are My Options if I Lose at Trial in Kamuela?
The unfortunate reality for some people is that trial verdicts do not always go your way. Even in cases where you feel strongly about your chances, it is possible for you to lose if the jury does not see things the same way.
If you lose at trial and your claim is denied completely, you will not be awarded any compensation for your injuries. The court has found that the defendant is not obligated to pay you anything. This could occur for a variety of reasons. Some of the reasons a trial verdict might not go your way includes:
- Lack of evidence
- Violation of the statute of limitations
- Contributory negligence
- Lack of damages
Losing at trial is never good, but it might not be the end of the road for your personal injury case. If you lose at trial, you have the right to appeal your case. The appellate courts in the state—including the Hawaii Supreme Court—review cases for error to ensure that they were property decided at trial.
An appeal is never guaranteed to be successful. However, there are times when a trial judge will make a mistake so egregious that it will tip the scales in the trial. An appellate court could overturn a verdict and send the case back for a new trial. A case is only truly over once all appeals are exhausted.
What if my Insurance Claim is Denied?
It can also be frustrating when the insurance company denies your claim following an accident. The good news is that a denied insurance claim does not have to be the end of the road in your case. Your options moving forward depending on the policy itself.
If the other driver’s insurance company denies your liability claim, you still have the right to pursue legal action. In fact, that insurance company could still end up paying your claim if your lawsuit is successful. In some cases, initial denials are just an effort by the insurance company to bully you into settling. Our firm is ready to help you stand up to them.
The process can be different if you are filing an insurance claim on your own policy. If your carrier refuses to cover your damages, you might not have grounds for a negligence lawsuit. However, your insurance company has an obligation to deal with you in good faith. If they do not, you could sue your insurer to demand that they cover your claim.
You Owe Nothing If We Are Not Successful
It is important to remember that you will never owe us any legal fees if your case is not successful. We operate on a contingency basis, which means we only get paid when we recover compensation on your behalf. If you don’t get paid, neither do we.
This outcome is not ideal, but it is also not common. We frequently secure compensation on behalf of our clients in personal injury cases. In rare situations where we are unsuccessful, our clients never walk away from the process burdened by legal fees.
Talk to Our Firm About Your Options in Kamuela
The thought of losing your personal injury lawsuit can be difficult for anyone. While success is never guaranteed, our firm frequently helps our clients recover the compensation they deserve. If your claim was denied by your insurance company, we might be able to help make it right.
Losing a lawsuit is never easy. However, you are never at risk of being burdened with legal fees with no compensation to show for it. Our firm is proud to work on a contingency basis, and we will get to work on your case before you ever pay us anything. Let Olson & Sons advocate for you. Contact us today for a free consultation.
Related Post: What Is Personal Injury in Hawaii?
