If my auto accident case is dismissed, will I have to pay defense attorney costs?

Question

I have an auto accident case which the logging truck driver jacknifed his truck and hit me head on. I sustained serious injuries, and am suing. Nobody saw the accident, it was far out. I was flown out by medivac. The insurance company representing the logging company hired their "experts" who came back and claim I veered in to his lane and hit him, therefore my injuries are "my fault."

What happens if after reviewing the entire case the judge accepts the defense request for dismissal. Will I have to pay the thousands the defense spent up to that point???

Answer 1

Most likely.

Its also possible if you win that you have to pay costs as well.

The lawyers costs will come out of your settlement before you get your money.

Make sure you ask the lawyer to get the judge to order the defendants insurance company to pay costs if you win.

BTW, without trying to scare you, I had a settlement a few years ago that didnt go to court, I was awarded $21,000 and I walked out with a cheque for $8800 after lawyers bills.

Answer 2

Better to ask your lawyer as only he has all the details of the case.

Answer 3

No, you are not responsible for the defense's expenses/fees unless the insurance defense attorney filed an offer of judgment.  You could be responsible for some of the fees and costs from the date the offer of judgment was filed until the matter is resolved/dismissed.   Ask your attorney.

Answer 4

Only your lawyer can tell you for sure.  I hope YOUR insurance company is involved in this.  If they are not, they should be.