If you lose a car accident lawsuit in Texas, you owe no attorney fees under a contingency agreement, but you may be ordered to pay the other side’s court costs, and you remain responsible for your medical bills. You also have 30 days from the signed judgment to ask for a new trial or start an appeal.
This guide from The Burkett Law Firm explains what a defense verdict means for fees, costs, medical bills, and hospital liens; how the appeal process works through the Thirteenth Court of Appeals; and why a reduced award under the 51 percent rule is far more common than a total loss. Our Corpus Christi car accident lawyers handle these cases every day and can answer your questions at no cost.
Key Takeaways
- Under a contingency fee agreement, a losing plaintiff owes no attorney fee because the fee is a percentage of a recovery that didn’t happen.
- Texas Rule of Civil Procedure 131 allows the successful party to recover its court costs from the losing party, usually filing fees, deposition costs, and similar expenses, not the defendant’s attorney fees.
- Unpaid medical bills do not disappear after a loss, and a hospital lien under Property Code Chapter 55 attaches only to a settlement or judgment, so it has nothing to attach to if there is no recovery.
- A motion for new trial must be filed within 30 days after the judgment is signed under Texas Rule of Civil Procedure 329b, and a notice of appeal is generally due within 30 days under Texas Rule of Appellate Procedure 26.1.
- Appeals from Nueces County district and county courts go to the Thirteenth Court of Appeals, which sits in Corpus Christi and Edinburg.
- A complete defense verdict is uncommon; the more typical bad outcome is a reduced award after the jury assigns the plaintiff a share of fault under Civil Practice and Remedies Code 33.012.
What Does It Mean to Lose a Car Accident Lawsuit?
Losing a car accident lawsuit usually means one of three things. The jury returns a verdict finding the defendant was not negligent, the jury finds you were more than 50 percent responsible for the crash, or the jury finds negligence but awards zero or very little in damages. In each case, the court signs a judgment that you take nothing, or very little, from the defendant.
A loss can also happen before trial. The judge can grant summary judgment for the defendant if the evidence cannot support your claim, or dismiss the case for a missed deadline. Our overview of the Texas personal injury process explains each stage where a case can be won, lost, or settled.
Losing versus winning less than you asked for
Most car accident plaintiffs who don’t get the result they hoped for didn’t actually lose. They received a verdict smaller than their demand, often because the jury assigned them a percentage of fault or did not accept the full value of their medical care. That outcome has very different consequences than a defense verdict, and we cover it in detail below.
Do You Owe Your Lawyer Anything If You Lose?
No, not an attorney fee. Nearly all Texas car accident lawyers, including The Burkett Law Firm, work on a contingency fee. The fee is a percentage of the money recovered, so if you recover nothing, you pay nothing. Rule 1.04(d) of the Texas Disciplinary Rules of Professional Conduct requires that agreement to be in writing and to state how the fee is calculated and which expenses come out of a recovery.
Case expenses are a separate question. Firms advance costs such as filing fees, medical records, deposition transcripts, a nd expert witnesses. Your fee agreement should say what happens to those advanced costs if the case is lost. Many firms absorb them, but the written agreement controls, so read that paragraph before you sign and ask if it is unclear.
Who Pays Court Costs If You Lose in Texas?
Texas follows the rule that the winner recovers costs. Texas Rule of Civil Procedure 131 states that the successful party shall recover from the adversary all costs incurred, except where otherwise provided. If the defendant wins, the judgment will normally order you to pay the defendant’s taxable court costs.
What counts as court costs
Court costs are narrower than most people fear. They generally include filing fees, service-of-process fees, court reporter fees for depositions and trial transcripts, and certain witness fees. They do not include the defendant’s attorney fees, which each side pays for itself in a typical negligence case. In a Nueces County district court case, taxable costs usually run from the hundreds to the low thousands of dollars, not tens of thousands.
Rule 141 of the Texas Rules of Civil Procedure also allows the court, for good cause stated on the record, to adjudge costs differently than the general rule. Your attorney can ask the court to exercise that discretion in appropriate cases.
What Happens to Your Medical Bills and Hospital Liens?
This is often the most stressful part of a loss. Medical providers treated you on the expectation that someone would pay, and a defense verdict does not erase the bills. Health insurance, personal injury protection coverage, or MedPay on your auto policy may have paid some of them, and whatever remains is your debt. You can usually negotiate payment plans or reductions directly with providers.
How a hospital lien works after a loss
Texas hospitals that admit a crash victim within 72 hours of the accident can file a lien under Property Code Chapter 55. Section 55.003 says the lien attaches to the cause of action, to a judgment in your favor, and to the proceeds of a settlement. It does not attach to your home, your wages,s or your other property. If there is no judgment or settlement, the lien has nothing to attach to, and the hospital must pursue the bill as an ordinary debt instead.
That does not mean the bill vanishes. The hospital can still bill you, bill your health insurance, or send the account to collections. Our post on what happens when you get a hospital lien after a car accident explains how liens are filed with the Nueces County Clerk and how they are negotiated when a case does recover money.
Can You Appeal If You Lose a Car Accident Case in Texas?
Yes, but the deadlines are short and strict. After an unfavorable judgment, you have two main tools: a motion for new trial in the trial court and an appeal to the court of appeals.
Motion for new trial
Under Texas Rule of Civil Procedure 329b, you must file a motion for new trial within 30 days after the judgment is signed. The motion asks the trial judge to set aside the verdict because of legal error, misconduct, newly discovered evidence, or a verdict against the great weight of the evidence. If the judge does not rule by written order within 75 days after the judgment is signed, the motion is overruled by operation of law.
Notice of appeal
Under Texas Rule of Appellate Procedure 26.1, the notice of appeal in a civil case must be filed within 30 days after the judgment is signed. If a timely motion for new trial is filed, the deadline extends to 90 days after the judgment is signed. Rule 26.3 allows a 15-day grace period with a motion for extension, but relying on it is risky.
Appeals from Nueces County trial courts go to the Thirteenth Court of Appeals, which serves a 20-county region of South Texas from offices in the Nueces County Courthouse in Corpus Christi and in Edinburg. The court of appeals does not retry the case or hear new evidence. It reviews the record for legal error, so an appeal makes sense only if something went wrong at trial, not simply because the jury disagreed with you.
- Within 30 days of the signed judgment, file a motion for a new trial if there are grounds.
- File the notice of appeal within 30 days, or within 90 days if a motion for new trial was timely filed.
- Request the clerk’s record and reporter’s record and pay or arrange the fees.
- File the appellant’s brief on the schedule the court sets.
- Wait for a decision, which can take many months.
What Happens If You Are Partly at Fault?
The far more common outcome in Texas car accident trials is a verdict that finds both drivers share responsibility. Texas uses modified comparative fault under Civil Practice and Remedies Code Chapter 33. Section 33.001 bars recovery if your percentage of responsibility exceeds 50 percent. Section 33.012 requires the court to reduce your damages by your percentage when your share is 50 percent or less.
An illustration with round numbers
This example is an illustration only, not a case result. Suppose a jury in a Nueces County district court hears a case about a crash at an intersection on Staples Street and finds total damages of $100,000. The jury also finds the plaintiff was 20 percent responsible for entering the intersection too quickly.
- The court reduces the $100,000 by 20 percent, and the judgment is for $80,000.
- If the jury had instead found the plaintiff 51 percent responsible, the judgment would be for nothing.
- If the jury had found the plaintiff 50 percent responsible, the judgment would be for $50,000.
Because the line between 50 and 51 percent separates a recovery from nothing, the evidence on fault is often where car accident trials are won or lost. Our post on how much a Texas car accident case is worth explains how damages are valued before applying the fault percentage.
How Long Does a Car Accident Lawsuit Take in Texas?
A Texas car accident claim that settles with the insurer can resolve in a few months after medical treatment ends. Once a lawsuit is filed in a Nueces County court, the timeline usually stretches to one to two years, and sometimes longer, because of discovery, depositions, expert designations, mediation, and the court’s trial docket. An appeal can add a year or more.
Most car accident cases in Nueces County never reach a jury. Most settle before trial, often at mediation, once both sides have seen the evidence. Settling is not losing. It is a negotiated result that avoids the risk of a defense verdict and the costs described in this post, and a good attorney will tell you honestly when settlement is the better path.
Common Mistakes Our Attorneys See Behind Losing Verdicts
The lawyers at The Burkett Law Firm try car accident cases in Nueces County courts, and the same preventable problems come up when a case goes badly.
- Gaps in medical treatment. A plaintiff who waits weeks to see a doctor, or who stops treating and then restarts, gives the defense an opening to argue the injuries came from something else.
- Inconsistent statements. A recorded statement to the insurer, a deposition answer, and trial testimony that do not match each other damage credibility more than almost anything else.
- Social media. Juries routinely see photos of a plaintiff lifting, traveling, o r playing sports while claiming serious injury
- Prior injuries that were not disclosed. Defense lawyers find them, and an undisclosed prior back injury can sink an otherwise strong case.
- Overstating damages. Juries punish claims that feel inflated. Asking for a fair number supported by records is more persuasive than asking for the moon.
How to prepare so you do not lose
Follow your doctors’ treatment plans, keep every bill and record, stay off social media about the crash, tell your lawyer about every prior injury and claim, and be honest about your own role in the collision. Juries forgive imperfect drivers who tell the truth far more readily than they forgive plaintiffs who seem to hide something.
Frequently Asked Questions
Do I have to pay my lawyer if I lose a car accident case in Texas?
Under a contingency agreement, you owe no attorney fee if there is no recovery. Case expenses the firm advanced are handled according to your written fee agreement, and many firms absorb them in a losing case. Texas Disciplinary Rule 1.04(d) requires the agreement to be in writing and to state how expenses are treated.
Do I have to pay the other side’s attorney fees if I lose?
Generally no. In a typical Texas negligence case,e each side pays its own attorney fees. Texas Rule of Civil Procedure 131 allows the winning party to recover court costs, such as filing fees and deposition costs, but those costs are much smaller than attorney fees.
What happens to a hospital lien if I lose my car accident case?
Under Property Code Section 55.003, a hospital lien attaches only to your cause of action, a judgment in your favor, or settlement proceeds. If you recover nothing, the lien has nothing to attach to. The hospital can still pursue the unpaid bill as a regular debt through billing, insurance,e or collections.
How long do I have to appeal a car accident verdict in Texas?
Texas Rule of Appellate Procedure 26.1 requires a notice of appeal within 30 days after the judgment is signed. That deadline extends to 90 days if you timely file a motion for a new trial under Texas Rule of Civil Procedure 329b, which you must file within 30 days of the signed judgment. Appeals from Nueces County go to the Thirteenth Court of Appeals.
Can I lose my car accident case if the crash was partly my fault?
Yes, if a jury finds you more than 50 percent responsible. Civil Practice and Remedies Code 33.001 bars recovery above that threshold. If your share is 50 percent or less, you still recover, but your damages are reduced by your percentage of fault under Section 33.012.
Talk to The Burkett Law Firm Before Your Case Goes to Trial
Knowing what happens if you lose a car accident lawsuit in Texas should make the process less frightening. Under a contingency agreement, you owe no attorney fee, court costs are usually modest, a hospital lien cannot reach your personal property, and you have 30 days to seek a new trial or appeal. The more likely bad outcome is a reduced award under the 51 percent rule, which is why the evidence on fault deserves so much attention from the start.
The Burkett Law Firm represents injured drivers and passengers from its office at 538 S Tancahua St in Corpus Christi, a short walk from the Nueces County Courthouse. Learn how our car accident lawyers in Corpus Christi build cases to avoid the pitfalls described here, then contact us for a free consultation or call (361) 738-5548.
