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I was a victim of a three car accident. The driver who caused the accident did not have insurance so I sued the second driver

Orlando, FL |

I lost in court. Now, I am due in court by the second drivers insurance to pay court and expert fees. My trial is tomorrow, I have representation but how should I be handling this?

Attorney Answers 4

Posted

Taking someone to trial involves risk. If you lose, you can be responsible for the other side's costs (and even their attorney fees in some situations). Your lawyer should have explained these risks to you. Often, the other side is more interested in making sure you don't appeal than really going after you for costs. You should discuss this with your lawyer, who should tell you your options.

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4 comments

Asker

Posted

So, now they are going after me for cost. What do I do? Do I have any other options?

Christopher J Roberts

Christopher J Roberts

Posted

First, your lawyer is in a far better position to answer this because he knows all of the events that led up to it. More generally (this may or may not apply to you), you can 1) try to bargain with the other side to give up your right to appeal in exchange for them walking away from costs; 2) you can appeal and hope that you can get a new trial; 3) you can fight over the costs that should be awarded and try to minimize any award against you, 4) you can talk to a bankruptcy attorney about what you should do if you don't have the money to pay for the costs (or to try to protect the assets you have); or 5) if you feel that you were given bad advice to proceed to trial, you can consider talking to another lawyer about whether your lawyer made a mistake (merely losing a case would not qualify -- someone loses every trial that occurs). Hope this helps.

Asker

Posted

Ok, so went to trial and cost and fees were minimize4 from 300,000 to 116,000. I think now is the best time to speak with a bankruptcy attorney. Appealing I risk the chance of losing again and would have to take so much time off of work. So, now I wait until a judgement is filed against me. Any other options?

Christopher J Roberts

Christopher J Roberts

Posted

To give you options other than the general ones outlined above, I would need far more specifics which your current lawyer presumably knows. If your current lawyer is unwilling or unable to answer your questions (he is in a much better position to give specific advice based upon your specific case), you really ought to sit down with another one. If you need to find a bankruptcy lawyer, email me through Avvo and I will put you in touch with one I know.

Posted

Too much left unsaid. You have to rely upon the advice of your counsel. That is what they are paid to do.

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-228-3838 and specifically mention AVVO or email me at bill@thelawman.net and put AVVO in the subject line.

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Posted

Your lawyer will prep you before court.

Free Consultation. 1-877-258-3083. Serving the Nation. Only 29% Fee Deducted.

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Posted

You have a lawyer, and he/she will advise you before court.

Free Consultation. 1-800-330-2274

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