What Happens If I Lose My Personal Injury Claim?

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What Happens If I Lose My Personal Injury Claim

In all types of legal cases, there is always a risk of losing. After all, nothing in the law is ever guaranteed! This includes personal injury claims of all types.

With access to legal aid growing smaller by the day, there are many worries associated with pursuing a personal injury claim that can make the whole experience that much more daunting. Yet it doesn’t need to be that way!

If you’re wondering what happens if you lose a personal injury claim, this article will tell you everything you need to know!

How Does The Claims Process Work?

A personal injury claim is a civil legal case that entitles you to claim if you have suffered an injury as a result of someone else’s negligent actions. Generally, you should not need to worry about the financial impact of making a claim. The process has been designed to be as risk-free as possible.

In the majority of cases, these claims will be handled by your chosen attorney on a No Win No Fee basis. Such professionals, like those at this San Diego personal injury attorney firm, will be experts in the field – with the knowledge and skill to score you a win if all the evidence aligns.

A No Win No Fee claim is when your attorney’s fee is conditional upon the success of the case. In this instance, your legal counsel will not receive payment for the work they have done on your case if you are unsuccessful in your claim. Many lawyers will not take on a case if they do not think it will be successful for this very reason.

If you are successful, you will receive your compensation settlement at the very end. If not, then you will receive nothing.

Losing Your Personal Injury Claim

There are no legal fees necessary for an unsuccessful claim which takes away the financial worries and risks of taking legal action in the first place. You also won’t need to cover the costs of medical assessments or other relevant things to the claim, which can be quite reassuring. 

In a situation where your claim for compensation fails, you must understand what happens next.

No Awarded Compensation

This is a little obvious, but if you lose your claim, you will not receive any compensation regardless of how bad your injuries are. An outcome like this will typically occur if the party you are claiming compensation from is found to be not liable for your accident or any resulting injuries.

As a result, this party does not need to pay you any damages. Any additional costs you have accumulated due to legal action after the accident will not be repaid, so you will likely be left completely out of pocket.

No Legal Costs For Your Attorney

In addition, your attorney will not be able to claim their fee from the opposing party in the claim. This means they will also be losing out on a potentially large payday (the amount would have been taken as a percentage of the awarded compensation).

As mentioned above, this is a key reason why many legal professionals working in the field of personal injury claims will not take on a case unless they believe there is enough evidence for you to win the compensation you are entitled to.

If your claim is unsuccessful then you will not be legally charged by the person representing you and your case. Instead, your legal representative will waive all responsibility for any costs or fees. 

Court Costs

If you lose a No Win No Fee claim then you won’t need to pay out any court costs. You may have to pay the opposing side for their court costs and legal expense if they decide to claim these back from you.

In summary, losing your personal injury claim then you will not only lose out on a potentially life-changing compensation lump sum but you may also be stuck with a huge legal bill for the other party.

On the bright side, this situation is rare. Again, a relevant attorney will never take on your case if they believe it’ll fail! If they were a bit dubious they may encourage you to take out an “After Event” insurance plan that covers you for any legal costs.


Making a personal injury claim can be a very intimidating process as there are many factors to consider and lots of things to do. Fortunately, if you lose, your financial situation won’t be negatively impacted, and you can resume your usual activities.

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