The idea of losing a car accident lawsuit scares a lot of people, and I understand why. You've been hurt, you've racked up medical bills, and now you're wondering what happens if you go through this whole legal process and end up with nothing. Let me give you the straight answer so you know what you're really looking at.
First, losing at trial is rare when you have a good case and a good lawyer. The vast majority of car accident cases — we're talking over 95 percent — settle before trial. Insurance companies settle because going to trial is expensive and unpredictable for them too. If your lawyer has done a good job building your case, the insurance company usually makes a reasonable settlement offer rather than risk a jury awarding you even more.
But let's say your case does go to trial and you lose. What happens? In most car accident cases handled on a contingency fee basis (where you don't pay the lawyer unless you win), you wouldn't owe your lawyer any attorney fees. That's the beauty of the contingency fee arrangement — the lawyer takes the risk along with you. However, there may be some case-related costs (like filing fees, deposition costs, and expert witness fees) that you could be responsible for depending on your agreement with the lawyer.
In Illinois, there's also the issue of court costs. If you lose at trial, the defendant can petition the court to make you pay their court costs. This is typically a few thousand dollars, not the tens of thousands you might imagine. And in most car accident cases, this doesn't actually happen because judges have discretion over whether to award costs.
Here's the real risk of 'losing': it's not always a total loss. A jury might find in your favor but award less money than you expected. Or the jury might find that you were partially at fault, which under Illinois law reduces your award by your percentage of fault. These outcomes aren't ideal, but they're not the same as walking away with zero.
The best way to avoid losing is to hire a lawyer who thoroughly prepares your case and gives you honest advice about whether trial is the right move. Call us at 312-500-4500 for a free consultation.
Since lawyers advance case costs in car accident cases, and they dont get paid unless they win, lawyers are careful. Simply, if a lawyer takes your case, it means your lawyer thinks they can win and that its a good case.
If lawyers guesss wrong too often they go out of business. So if a lawyer wants to take your case, it is very, very likely you are going to receive money for your injuries and losses.
Depending on the skill, reputation and knowledge of your lawyer, car crash cases settle at a very high rate. In my office, for example, virtually all of my car accident injury cases settle. We settle probably 85% of them before we even file a law suit. You can read more about the one of a kind, unique way we handle cases here.
But honestly, even less experienced lawyers settle car accident cases at a very high rate. Insurance companies need to settle cases to manage their finances. They do things to reduce the value of the case, like hiring doctors to review your case to find problems in the medical records. They use these problems to talk injured people and their lawyers into taking less money or coming to a compromise in settlement.
Even if your injury lawyer and the insurance company do not get an offer you willl accept, these cases very often settle once a law suit has been filed. It is pretty common for cases to go to a settlement conference or Mediation with a Judge. These meetings allow the Judge to try to get all sides to agree on a settlement, and they often work.
If they do not, then the next step is trial. And at trial, you can win, or you can lose. That's true even with a good case.
CAR ACCIDENT INJURY MASTERCLASS
Its not a nice thought to have but a small percentage of cases go to trial and lose. And an even smaller percentage of cases cannot go to trial because of missing witnesses, or the discovery of a problem with the case which is too big to deal with.
The first thing you have to know if you lose a car accident case is that the case is usually over. That mean you get no money at all. Tough pill to swallow.
You might also be responsible to pay some amount of money to the Defense for their case costs, though whether a Defendant seeks to collect costs is another matter. In my experience, they often do not.
Its not all bad news. If there is no recovery, then the lawyer gets paid nothing in fees. It doesn't matter is the lawyer worked 10 hours or 1000 hours or more on your case. They only get paid fees if they win.
As we discussed a little bit above, you are responsible for case costs. These can include the case costs your lawyer spent to prosecute your case, as well as the Defense case costs. These usually range from a few hundred to many thousands of dollars.
However, there's a bright side here, too.
I have never charged a client for cases costs on a case that didn't work out. Most lawyers just 'write off' the money they advanced in cases costs. The lawyer loses the money but they take a credit on their taxes. This is because most lawyers know the average persona cannot afford to pay case costs if a case doesn't work out.
And as we talked a little about already, more often than not, Defense attorneys and insurance companies often choose not to pursue an injured person for their case costs, though it is a risk.
If we are trying to be complete, you should know about Appeals.
If your case goes to trial and the Judge makes a mistake that affects the outcome of the trial, your case might be one that can be Appealed. That means we file papers in the Appeals Court to ask the Appeals Court to let us go to trial again so we get a fair trial.
This is rare, though. Trial Judges are competent and they do not like being reversed on Appeal. As a result, it is pretty rare that your case, if it is lost at trial, will be one that makes sense to Appeal. Less than one in 5,000 cases that go to trial are Appealed.
The other thing to think about is that Appeals are expensive and take a long time.
The best way not to have to worry about "what happens if i lose my car accident case?" is to hire a skilled, experienced professional to review your case. A good injury lawyer can tell you pretty quickly the strengths and weaknesses of your case. And help you better understand your chances to win.
I am available to help you. Just give me a call at 312-500-4500. The consultation is 100% free.
Or if you'd like to know more about car accident cases, maybe you'd like to read the Ultimate Guide? Take a look below.
If you lose at trial, you receive no compensation from the defendant and are responsible for your own expenses. On a contingency fee basis, you typically owe no attorney fees since those are only due on recovery — but you may owe case expenses that were advanced. Court costs are generally borne by the losing party. You also have the right to appeal if there were legal errors in the trial. I evaluate cases carefully before filing suit and I don't take cases to trial unless I believe we have a strong chance of winning.
A strong trial case has: clear liability evidence showing the other driver was at fault, well-documented injuries with consistent medical treatment, credible witnesses or objective evidence like surveillance footage, and damages that justify the cost of litigation. I evaluate all of these factors before recommending filing suit. Most cases settle before trial — over 95% — because both sides recognize the risk of trial. When a case goes to trial, it's because the evidence strongly supports it.
Yes. If there were errors of law — improper jury instructions, wrongly admitted or excluded evidence, legal errors by the judge — an appeal to the Illinois Appellate Court is possible. Appeals are expensive, time-consuming, and not always successful, but they are a legitimate option when the trial was procedurally unfair. I evaluate appellate options honestly — not every loss warrants an appeal, but some do. I would discuss this with you if it becomes relevant to your situation.
Less than 5% — the vast majority of personal injury cases settle before or during trial. Cases go to trial when liability is genuinely disputed and both sides have strong evidence, when the damages are large enough to justify the risk, or when an insurance company makes an unreasonable lowball offer and refuses to negotiate fairly. My role is to prepare every case as if it will go to trial — that preparation is what produces good settlements — while pursuing resolution without trial whenever a fair offer is on the table.
Would you like to know more about rideshare accident injury claim?
If you or a loved one is dealing with a situation like this, give us a call any time, day or night. We are here to help. 312-500-4500
Scott DeSalvo founded DeSalvo Law to help injured people throughout Chicago and surrounding suburbs. Licensed to practice law in Illinois since 1998, IARDC #6244452, Scott has represented over 3,000 clients in personal injury, workers compensation, and accident cases.
No Fee Unless You Win | Free Consultation | 24/7 Availability Call or Text: (312) 500-4500
>>Read More
Main Office:
1000 Jorie Blvd Ste 204
Oak Brook, IL 60523
New Cases: 312-500-4500
Office: 312-895-0545
Fax: 866-629-1817
service@desalvolaw.com
Chicago and Other Suburban Offices
By Appointment Only