What happens if I lose my personal injury claim?
Personal Injury - September 19, 2025
When you’ve been hurt by someone else’s negligence or intentional behavior, you may decide you need to take legal action against them. Most attorneys are cautious and only accept cases they believe will be successful, but sometimes things go wrong. You may have the right to appeal, but only if a legal error occurred during your trial. Without grounds for appeal, you could be left with expenses your lawsuit was meant to cover.
Many clients ask, “What happens if I lose my personal injury claim?” Below, a Joliet personal injury lawyer from Horwitz, Horwitz & Associates discusses what can happen when a case doesn’t go your way.
What are some reasons I could lose my personal injury claim?
In personal injury cases, you present a preponderance of the evidence to show how the other party’s actions caused you harm and property loss. Common reasons you might lose your case include:
- Your evidence was of poor quality, or there wasn’t enough of it.
- You were missing critical details, such as medical records and receipts.
- Your social media posts indicated you weren’t as injured as you claimed.
- You misrepresented your injuries.
- The defense identified inconsistencies or credibility concerns in your account.
- Your story changed during the case.
- You were more than 50% responsible for what happened.
You must be honest and accurate about what happened and how badly you were hurt, so you don’t lose your personal injury claim. Tell your personal injury attorneys the truth and listen to their guidance.
Can I lose my personal injury case if I’m partly at fault?
A successful personal injury lawsuit requires careful examination of a case to determine exactly what happened. If you contributed to the situation, Illinois’ comparative negligence law allows you to seek damages as long as you are less than 50% at fault. If the defendant files a counterclaim and proves you were mostly at fault, the court may award them compensation. This is uncommon in personal injury cases.
How do I appeal if I lose my personal injury case?
If you’ve lost your personal injury case, you might ask your lawyer to appeal immediately. While it is critical to act quickly to file your appeal, you have to have a good reason to do so. This means you must show proof of a significant mistake during your trial.
For example, you may be able to demonstrate one of the following reasons:
- There were procedural errors.
- The judge or jurors engaged in misconduct.
- The evidence did not support the jury’s verdict.
- The court incorrectly applied or interpreted the law.
- The court’s administrative actions were faulty.
Your personal injury attorney will review your case and determine whether you qualify for an appeal. If you believe your legal team is responsible for losing, they can examine your case and advise you on filing a personal injury appeal. Keep in mind that appeals in Illinois do not involve retrying the case or presenting new evidence. The appellate court reviews the record for legal or procedural errors only.
Do I have to pay the bills if I lose my personal injury case?
If you don’t win your case, you are responsible for paying for your medical treatment and other losses. In most personal injury cases, if you lose, you don’t owe damages to the other party unless they filed a counterclaim and the court found you liable. You can use a credit card, personal loan, or your Illinois auto insurance to cover the other individual’s costs, but you might turn to your personal health insurance for your own medical debts.
While you will still be responsible for your own medical care and related expenses, Illinois law generally requires each party to pay their own attorney’s fees unless a statute or contract says otherwise.
Fortunately, most personal injury attorneys work on contingency, so you may not owe for your own legal fees. Additionally, if you involve your insurance companies, they will often take on the burden of collecting payment from the defendant, but they can also demand that you pay them back. In rare cases where a person has no other way to manage overwhelming medical or personal debt, bankruptcy may become an option. Most personal injury attorneys help clients avoid that outcome by working with providers and insurance.
Get more answers when you contact us today
There is no guarantee of winning every personal injury claim, but our team at Horwitz, Horwitz & Associates is dedicated to making every effort for your success. If you have a case, schedule a free consultation or call (800) 985-1819 today to ask questions and get started.
