What Happens If I Lose My Personal Injury Claim And Could I Appeal?

Nobody wants to think about the possibility of their case failing when claiming compensation. After all, the aim is to get what you feel you deserve after being injured in an accident. But ‘What happens if I lose my personal injury claim?’ is an important question, and this blog post aims to answer this question.

Read on to learn about what happens after an unsuccessful claim, including why a claim may be unsuccessful and the steps you could take following a claim that failed. Also, discover the terms our panel’s No Win No Fee solicitors offer to provide expert help with minimal financial risk.

You can speak to us today about how to win your personal injury claim with the help of an expert solicitor’s input. All you need to do to get this free support is either:

  • Call us on 0333 000 0729
  • Use our form to contact us online.
  • Chat with an advisor now through our live chat feature.

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Jump To A Section

  1. What Happens If I Lose My Personal Injury Claim?
  2. How Can A Personal Injury Claim Be Unsuccessful?
  3. What Can I Do If My Personal Injury Claim Is Unsuccessful?
  4. Contact Us To See If You Can Claim Personal Injury Compensation
  5. More Resources About Making A Personal Injury Case

What Happens If I Lose My Personal Injury Claim? 

All compensation claims carry the risk of defeat. You may be wondering: what happens if I lose my personal injury claim?

As well as being a disappointing or upsetting experience, someone who loses their case could face significant legal costs without the appropriate financial protection. This could include paying:

  • Costs payable to the court or any other legal fees that you rack up during court proceedings. For example, if you seek out expert witnesses for your claim, you should expect to pay expert fees.
  • The defendant’s legal costs. This isn’t definite in every personal injury case, but in some cases, if the court finds in favour of the defendant, you might have to cover costs incurred by the other party and not just yourself.
  • Solicitor’s fees. Our panel’s solicitors work on a No Win No Fee basis, so their clients never have to worry about that.

In most personal injury claims, a solicitor will recommend taking up an insurance policy called ‘after the event’ (ATE) insurance. ATE insurance covers costs associated with a claim if the claim is unsuccessful, meaning that you are less likely to face a hefty bill if the claim fails.

To ask any questions you may have about the personal injury claims process, you can contact our advisors.

How Can A Personal Injury Claim Be Unsuccessful?

There are many reasons why a personal injury claim might not succeed. For example:

  • You do not have sufficient evidence to prove liability. It is important to gather evidence proving that the other party was at fault.
  • After reviewing the evidence, it is determined that you were at fault for the accident, causing the claim to fail.
  • Even though the defendant is at fault, they dispute the claim. Then, despite your best efforts, they make a successful argument in court.
  • There are procedural errors during the claim that means the case is thrown out.
  • Your case does not begin in time. Personal injury claims are subject to strict time limits. Under The Limitation Act 1980, you generally have three years to start a claim. While some exceptions can apply, you are typically unable to continue a case if you miss the deadline.

Many people seek the help of a specialist personal injury solicitor when taking legal action because of these potential pitfalls. Our panel’s solicitors, for example, use their extensive experience to ensure that the process is followed to the letter. Contact our advisors today to learn more about the services our panel of solicitors offer.

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What Can I Do If My Personal Injury Claim Is Unsuccessful?

Now that we’ve answered the question, ‘What happens if I lose my personal injury claim?’ it’s worth touching on what you could do if that happens. Even in the event of an unsuccessful claim, you still have options.

Firstly, you should ask your solicitor to go over your case. By requesting a full evaluation of your claim, you can get an idea of why the claim failed and if any legal errors occurred. Afterwards, you may have two possible options:

  • You could appeal to the courts, and you may potentially receive a new ruling in your favour.
  • Alternatively, you could make a professional negligence claim if your solicitor handled your case improperly or made avoidable errors that caused it to fail.

Contact our advisors today with any questions you may have about making a personal injury claim, including what steps you could take to improve your chances of a successful case.

Contact Us To See If You Can Claim Personal Injury Compensation

If you’ve got reasonable grounds to claim, it makes sense to get legal representation from a professional who can do everything in their power to make sure the decision goes your way.

Our panel’s solicitors have a proven track record in helping people get a compensation settlement they’re happy with. Additionally, they are only likely to take on your case if they think you have a strong chance of success. If you want to claim compensation and have a valid case, a solicitor could offer you their services under a Conditional Fee Agreement.

These terms mean that they don’t expect to be paid for their work at any of these stages:

  • At the start of the claim.
  • During the claims process.
  • After it ends, in the event that you lose the claim and cannot appeal.

If you win your compensation claim, your solicitor takes a percentage of the compensation awarded to you. This percentage, known as their success fee, is legally capped because of a piece of legislation called the Conditional Fee Agreements Order 2013.

If you’d like advice about how to give your personal injury claim the best chance of success, just contact us for a free consultation. An advisor can discuss your options and even connect you with an expert solicitor if you have reasonable grounds to claim.

As well as not charging for this help, we offer support with no obligation to take legal action. Get started by either:

  • Calling 0333 000 0729
  • Staying on our website to contact us about your claim.
  • Opening the live support feature below.

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More Resources About Making A Personal Injury Case

We have plenty of guidance about personal injury claims, including these ones:

You may also find some further helpful information here:

Hopefully, this guide has answered, ‘What happens if I lose my personal injury claim?’. Contact our advisors today with any additional questions you may have about the personal injury claims process.