Plaintiffs Who Lose a Personal Injury Lawsuit in Texas Usually Do Not Have to Pay Defendant\u2019s Litigation Costs<\/h3>\n\n\n\n
Some people are reluctant to file a lawsuit because they are afraid what will happen if they lose. Specifically, many fear they will have to pay money to the person they sued.<\/p>\n\n\n\n
But in most cases, even if you lose a personal injury lawsuit you filed, you will not have to pay money. But you still might be financially affected.<\/p>\n<\/div>\n\n\n\n
![\"\"](\"https:\/\/www.justinian.com\/wp-content\/uploads\/2020\/11\/Plaintiffs-who-lose-a-personal-injury.jpg\")
<\/figure>\n<\/div>\n<\/div>\n\n\n\nPlaintiffs Who Lose Their Personal Injury Lawsuits Do Not Receive Compensation<\/h4>\n\n\n\n
If you lose a personal injury lawsuit that you filed in Texas, in most cases you will not receive money from the other side. You will be responsible for your own property repairs and medical bills. You will also be responsible for lost wages and other costs.<\/p>\n\n\n\n
![\"\"](\"https:\/\/www.justinian.com\/wp-content\/uploads\/2020\/11\/What-happens-when-a-defendant-loses-a-personal-injury-lawsuit-in-texas.jpg\")
<\/figure>\n<\/div>\n\n\n\nWhat Happens When a Defendant Loses a Personal Injury Lawsuit in Texas<\/h3>\n\n\n\n
If you are being sued, you are the defendant. Losing your case may mean having to pay for the injuries and damage you caused. The court can impose a money judgment.<\/p>\n\n\n\n
If you were reckless or acted intentionally, you may be subject to additional costs as punishment for your dangerous behavior. These are generally known in legal terms as punitive damages<\/em>. Punitive<\/em> means \u201cpunishing.\u201d<\/p>\n\n\n\n In Texas, punitive damages are called exemplary damages<\/em>. You are punished as an example<\/em> to others, in order to prevent anyone from acting recklessly in the future.<\/p>\n<\/div>\n<\/div>\n\n\n\n Some laws that allow you to sue specifically require the losing person to pay the other side\u2019s litigation costs.<\/p>\n\n\n\n There are also laws that require you to pay the winning side\u2019s attorney costs if you file a lawsuit that has no real basis in fact or law. This is known as a frivolous lawsuit<\/em>, and you can lose your lawsuit and have to pay civil penalties if you file one.<\/p>\n\n\n\n If you have been injured and think you might be able to file a lawsuit <\/strong>in Texas, speak to an experienced Texas personal injury attorney.<\/p>\n\n\n\n Texas Civil Practice and Remedies Code Chapter 42<\/a> and Rule 167 of the Texas Rules of Civil Procedure<\/a> allow a defendant to challenge the plaintiff with a special kind of settlement offer. This is sometimes called a Rule 167 Offer of Settlement<\/em>.<\/p>\n\n\n\n A defendant who wants to make a Rule 167 Offer of Settlement must refer to those laws specifically when making the settlement offer. The offer must:<\/p>\n\n\n\n Imagine a plaintiff sues an insurance company for injuries caused by the insurance company\u2019s insured driver. Let\u2019s say the plaintiff has $10,000 in medical bills and car repairs and sues for that amount.<\/p>\n\n\n\n Let\u2019s say the defendant makes a formal Rule 167 Offer of Settlement for $6,000. Let\u2019s also say the plaintiff decides that is enough because the actual injuries cost much more. The plaintiff refuses the Rule 167 Offer of Settlement.<\/p>\n<\/div>\n<\/div>\n\n\n\n If the plaintiff loses the case, the plaintiff might have to pay the insurance company\u2019s legal costs. This might include their attorneys fees.<\/p>\n\n\n\n Here\u2019s the tough part – even if the plaintiff wins the case<\/em>, the plaintiff may have to pay the defendant\u2019s litigation costs, unless the plaintiff receives much more money than the defendant offered<\/em>.<\/p>\n\n\n\n This law is designed to encourage the plaintiff and defendant to settle. A plaintiff takes a risk by turning down such an offer.<\/p>\n\n\n\n If a plaintiff sues, even if the plaintiff wins, the defendant usually does not have to pay the plaintiff\u2019s litigation costs (like attorney and court fees.)<\/p>\n\n\n\n But if the defendant makes a Rule 167 Settlement Offer, then the plaintiff can also<\/em> make a Rule 167 Settlement Counteroffer<\/em>. This says to the defendant that the plaintiff will settle, but for more money than the defendant offered.<\/p>\n\n\n\n If a defendant refuses a plaintiff\u2019s Rule 167 Settlement Counteroffer, and the plaintiff wins<\/em> the case for more money than the plaintiff counteroffered, the defendant usually has to pay the plaintiff\u2019s litigation costs.<\/p>\n\n\n\n This is in addition<\/em> to the amount that the plaintiff wins in the case. So there is a real risk for defendants making a Rule 167 Offer of Settlement.<\/p>\n\n\n\n Most attorneys charge fees for their work. They also may have costs for investigators and expert witnessesSome lawyers charge fees and expenses to clients, even when they lose the case.<\/p>\n\n\n\n If you hire Justinian & Associates to represent you in an Texas<\/strong> personal injury lawsuit, even if you lose, you will not have to pay. That is because we work on contingency.<\/strong><\/p>\n\n\n\n That means our fee is contingent (dependent) on whether we get you money for your damages. If we do not get you any money, then we do not get paid.<\/p>\n\n\n\nThe specific laws that support your lawsuit<\/h2>\n\n\n\n
If You Made or Received a Rule 167 Offer of Settlement<\/h2>\n\n\n\n
A Rule 167 Offer of Settlement in Texas Must Be Formalized<\/h3>\n\n\n\n
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![\"\"](\"https:\/\/www.justinian.com\/wp-content\/uploads\/2020\/11\/A-Rule-167-Offer-of-Settlement-in-Texas-Must-Be-Formalized.jpg\")
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<\/figure>\n<\/div>\n\n\n\nWhat if a Rule 167 Settlement Offer is Refused?<\/h3>\n\n\n\n
If the Plaintiff Loses the Case After Refusing a Rule 167 Offer of Settlement<\/h4>\n\n\n\n
If the Plaintiff Wins the Case After Refusing a Rule 167 Offer of Settlement<\/h4>\n\n\n\n
The Plaintiff Can Also Make a Rule 167 Counteroffer<\/h4>\n\n\n\n
If the Defendant refuses a Rule 167 Settlement Counteroffer<\/h4>\n\n\n\n
The Specific Fee Arrangement You Have with Your Personal Injury Attorney<\/h2>\n\n\n\n
Some Attorneys Charge You Fees Even If You Lose Your Case
We Do Not<\/h3>\n\n\n\n
![\"\"](\"https:\/\/www.justinian.com\/wp-content\/uploads\/2020\/11\/Some-Attorneys-Charge-You-Fees-Even-If-You-Lose-Your-Case\u2013We-Do-Not.jpg\")
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