A personal injury claim is a case where an injured party seeks financial compensation from the person who hurt them. It is common in motor accidents, premises liability, medical malpractice, dog bite, burn injury cases, etc. A personal injury lawyer helps the victim (the plaintiff) commence the action against the negligent party (defendant).
The action could be an insurance claim or a personal injury lawsuit filed before a court of competent jurisdiction. For example, if you were in a car accident, the action would be an insurance claim due to the no-fault compensation system in Florida operates. It means that both parties to the crash would settle their losses, but the victim can file a lawsuit if they meet certain requirements.
While most people expect compensation when filing a personal injury claim, several factors usually affect the outcome. This article explains the most common result of a personal injury claim. If you suffer injuries from another person’s negligence, you should hire our expert Miami personal injury lawyers to review your case and offer you expert legal advice.
Possible Outcomes of a Personal Injury Claim
Below, our Miami injury attorneys look at four different outcomes of a personal injury claim.
The Victim Drops Their Case
While this appears unlikely, it does happen. We’ve seen victims back out of pursuing a compensation claim in our decades of personal injury practice. Some do because they feel the case is not worth pursuing, while others do so for personal reasons. Whatever the reason, dropping a case has several repercussions.
- Not Getting Compensation: Once a victim chooses to let go of their injury claim, the fault party walks away without compensation. However, note that there are instances where victims collect a payout without their lawyer’s consent and decide not to pursue the claim. Victims who do this either do not want to pay lawyer fees or are convinced by the defendant that it is in their best interest not to pursue the claim.
- Paying Lawyer’s Fees Out-of-Pocket: Usually, injury lawyers earn on a contingency fee basis. That is, they get a percentage of the settlement sum when they win. Therefore, when the plaintiff backs out of a case, they may have to pay their attorney for services rendered thus far out-of-pocket. However, this depends on the agreement they have with the lawyer.
- Paying the Other Side’s Cost: If the case did not end due to mutual agreement, the defendant might demand costs from the plaintiff. Costs here include the money the alleged fault party has spent in defending their case. E.g., the cost of hiring an attorney.
- Being Unable to Launch a New Claim: If a victim withdraws their claim and the Statute of Limitations elapses, they’ll be unable to commence a new suit. Even if they were able to file within time, the fact that they withdrew the first case might work against them.
The Case Gets Settled Before Trial
Most personal injury claims settle out of court. A settlement is a formal contract between the victim and the fault party. In it, the plaintiff agrees to drop the lawsuit in exchange for financial compensation. A judge then signs off on the agreement, making it legally binding on both parties.
The Victim or Defendant Wins at Trial
If the case proceeds to trial, there are two possible outcomes. Either the victim wins, or the fault party does. A victim wins when they prove that the defendant caused their injury and receive compensation. A fault party wins when the victim is unable to prove their claim. Note that where the case is decided in the defendant’s favor, they may demand that the plaintiff pays taxable costs like:
- Court filing fees
- Fees for service of processes
- Witness fees
- Statutory attorney’s fees
Appealing the Trial Verdict
A party that does not agree with the court’s decision can appeal it before an appeal court. The appellate court would either uphold the decision of the lower court or overrule it. When a decision gets overruled, the appeal court will issue a new judgment in favor of the appealing party.
Contact Experienced Miami Personal Injury Lawyers Today!
When filing a personal injury claim, having an experienced attorney would significantly improve your outcome. At Miami Lawyers 360, our personal injury attorneys have the experience and knowledge to get you the maximum compensation. Our interest is getting you what you deserve, and we’ll do so while working on a contingency fee basis. Contact us today for a free case review.