WHAT HAPPENS IF THE CASE IS LOST IN COURT?

ANSWER: Again, “loss” is a relative term in that some cases are lost because the amount recovered is inadequate compensation for your damages or may be less that was offered by way of settlement prior to trial. However, in a situation where the case is a total loss in that the jury does not find anyone else at fault then you make no recovery. If you have a contingent fee agreement with your law firm and any costs advanced were to be repaid only if you win, then you owe the law firm nothing. However, one of the risks of trial is the assessment of “court costs” to the losing party. Court costs include certain costs of trying the case such as the jurors’ daily fees, the costs of subpoenaing witnesses to testify and the expense of depositions which may be used at trial, as well as a limited number of other items. While the other side will sometimes waive recovering these costs if you do not prevail, in particular if you agree not to appeal the trial court judgment, there is no guarantee. Of course, if you have a solid basis for an appeal you may not want to exchange that right for a waiver of court costs.