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Can You Appeal Your Car Accident Lawsuit?

Lawyer talking to his client about appealing a denied claim.

If you get into an accident, you’ll probably think the other driver was at fault. Lake Charles accident lawyers rarely meet clients who think they’re responsible for their crash. Even if someone thinks they be partially at fault, they’re not going to want to admit it. When you first meet with your car accident lawyer, they’ll help you file your claim against the other driver’s insurance. Hopefully, your claim will be paid right away. If so, you’ll get your check within a week or two. However, if your claim is denied, your lawyer can file an appeal. The success of your appeal really depends on the reason your claim was denied.

Some of the reasons your claim may have been denied include:

  • The driver’s insurance policy had lapsed for non-payment
  • The insurance company thinks you were at fault
  • They don’t believe you were injured
  • Also, you have a history of filing car accident claims
  • The driver wasn’t listed on the policy

For some of these reasons, there’s nothing your lawyer can do to get your claim paid. No insurance company is going to pay a claim on a canceled policy. If they did, they’d go bankrupt in no time at all.

If your claim isn’t paid, your car accident lawyer in Lake Charles will have no choice but to file a lawsuit on your behalf.

Your Case Will Probably Settle Before Trial

Just because you filed a lawsuit doesn’t mean you’ll go to trial. More than 95% of all car accident lawsuits are settled long before trial. Nobody wants to go to court. It is expensive and time-consuming.

Plus, you take your chances in court. There’s no guarantee that you’ll win. This means both sides are usually eager to settle. But there’s also no guarantee that the insurance company will want to settle. They may strongly believe that you were at fault.

Your Louisiana auto accident attorney is going to work hard to get your case settled. They’ll also reach out to the insurance adjuster and see if there’s a chance of getting your claim paid. Even after you file suit, your lawyer will try to negotiate with the defendant’s lawyer.

What Happens if Your Case Goes to Trial?

If your lawyer is unable to settle your case, you’ll have to go to trial. This means you’ll have to submit evidence to prove your case. A judge, or, in some cases, a jury will listen to your case. Each side will have a chance to put their evidence in front of the court.

This evidence may include some of the following things:

  • Testimony from witnesses who saw the crash
  • Doctors who can testify to your injuries
  • Statements made by the drivers at the scene
  • The police report
  • Any experts, such as an accident recreation specialist

This evidence is intended to prove fault. Your lawyer will have to prove the following four (4) things:

  • The other driver had a duty of care
  • They breached this duty
  • You were injured
  • Your injuries were caused by the accident

If your lawyer is unable to prove these four things, you may not win in court.

What Could Cause You to Lose in Court?

For the most part, if the other driver was at fault, you should be able to recover in court. There are things that can affect your case. If the judge or jury doesn’t believe that the other driver caused the crash, you won’t be awarded damages.

Some of the things that can cause you to lose your case include:

  • Lack of evidence
  • You never called the police so there is no police report
  • Also, you never went to the hospital
  • You had a pre-existing condition
  • Lastly, you fled the scene of the accident

Usually, your lawyer will be able to prepare your case to make sure these things didn’t happen. However, a lot of this depends on what you did immediately after the accident.

If you don’t like the outcome in court, you do have the right to appeal. Usually, civil cases are appealed by the defendant. However, if you aren’t satisfied, your lawyer can file an appeal. Just keep in mind – you usually can’t introduce any new evidence at the appeal. So, you’re really asking the court to make a decision based on the same information they already have.

Contact an Experienced Lake Charles Accident Lawyer Today

Lastly, if you or your loved one were injured in a car crash, you should contact a Lake Charles accident attorney right away. Your lawyer can review your case and let you know how strong it is. They can even try to let you know what it may be worth. Call and schedule your free initial consultation today.

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