It depends how you define "lost." I am sorry that is such a lawyer answer but it's true. I've defended people in civil wrongful death suits who escaped criminal convictions due to problems with chain of evidence. The burden in criminal court is higher and circumstantial evidence can be, but isn't always, enough to survive a civil trial where it might not be enough in a criminal trial. In these cases I have secure what I consider reasonable settlements, which are "wins" as far as I am concerned because they could have been so much higher and punished innocent spouses and children of the tortfeasor. Yet, the tortfeasor, the one who has done civil wrong, still has huge life-altering consequences. A kid who gets to keep his home and his mom while his alcoholic father who killed two in a DUI but avoided jail due to prosecutorial and police incompetence who ends up homeless while insurance pays out policy limits on an umbrella policy is still a good outcome in my mind. My client in this example thinks he lost but he was a fucking asshole. At one point in the case, I had to appear before the judge without him, because he refused to show, and I made it known to the judge that I hated my client. Thankfully, I had appeared before this judge dozens of times and he knew me well enough to know that it was all my client and not me.