When another person negligently hurts you, you may decide to move forward with a personal injury lawsuit to recover compensation for your injuries. However, many people find themselves wondering, “What are my odds of winning a personal injury lawsuit?” You may wonder whether you will receive the compensation you deserve or whether you will have to fight to have your losses recognized. Get these questions and many more answered by our Injury accident attorneys below.
By the Numbers: What Percentage of People Win Personal Injury Lawsuits?
According to the U.S. Department of Justice, only about 3 percent of personal injury claims settle through a trial verdict. Most claims settle before trial. In other cases, the injured party voluntarily dismisses the case.
Around 28 percent of personal injury defendants do not contest the complaint, meaning that about 72 percent of defendants do.
What Are the Chances of Winning Compensation in a Personal Injury Lawsuit?
If you file a personal injury lawsuit to seek compensation because someone else’s negligent actions injured you, your odds of receiving compensation depend on several factors, including:
To receive compensation through a personal injury claim, you must establish that someone else’s negligence caused your injuries. Negligence can take many forms, from a driver choosing to drive drunk to a company failing to care for its property, leading to an accident. Working with a lawyer can help you establish that the other party caused your accident.
To succeed in your personal injury case, you must provide several types of evidence. A lawyer can help you gather evidence and advise you on what will help your claim most.
Evidence of Who Caused Your Accident
You will first need evidence that establishes who caused your injuries.
Your lawyer can help you collect this evidence, which might include:
- Photo evidence: Photographic evidence, including photos of the accident, can help establish that the other party’s negligence caused your accident. For example, you might take pictures of a broken handrail or a spill that caused a slip and fall, or you might take photos of the position of two vehicles involved in a collision to show that the other driver caused your accident.
- Video footage: In some cases, you may have video footage from your accident. For example, you might have a dash cam that recorded the events that led to a car accident or security camera footage of a premises liability accident. Video footage can help clarify what caused an accident.
- Witness testimony: Sometimes, your lawyer can locate witnesses. Having clear witness testimony can make it easier to prove liability. Unfortunately, witnesses’ memories may fade with time, so connecting with them as soon as possible is important after an accident.
- Previous accidents with similar circumstances: Showing evidence of a person’s past negligence can make establishing your claim easier. Evidence of this type is not always admissible, so working with a knowledgeable lawyer who knows the ins and outs of admissibility can help your case. Has a defective product injured other people like you? Have negligent repairs hurt other visitors in a store? Ask your lawyer about including this type of evidence in your claim.
Evidence of Your Injuries
In addition to establishing how your injuries occurred, you will also need to establish what injuries you sustained.
To do this, you can present evidence, including:
- Medical records: You may need to provide medical records to establish the extent of your injuries, the recommendations made by your care providers, and the treatments you ultimately received. Your medical records may also include details of any complications or setbacks you have experienced during your recovery or future treatment recommendations.
In addition, your medical records can link the accident and your injuries, particularly if you sought medical care immediately after the accident. For example, an X-ray taken right after the accident can show that the accident caused your broken bones.
- Medical bills: Medical costs after an accident can skyrocket, especially if you require ongoing medical treatment. For this reason, medical bills are the foundation of the compensation your lawyer will demand from the insurance company for your injuries. Collecting and analyzing your medical bills can help your lawyer estimate a reasonable settlement amount.
- Proof of lost wages: Did you have to miss work due to your injuries? Losing income can negatively affect your finances and economic stability after an accident. You may need to establish how much time you missed from work by showing your time sheets or pay stubs.
Most personal injury claims go through an insurance company. The insurance company compensates victims based on the liable party’s insurance policy. If the liable party does not have enough coverage, you may have difficulty getting all the compensation you deserve.
For example, consider a car accident claim. Suppose the damage to the vehicle, or the cost to replace the vehicle, exceeds the coverage carried by the driver that caused the accident.
In that case, the victim might not recover more compensation than the policy limits. Ultimately, that could mean they cannot recover as much as it will cost to repair the vehicle. However, your lawyer may advise you of other avenues to seek compensation.
In the case of vehicle damage, for instance, you may be able to use underinsured motorist insurance or your comprehensive policy to cover the remaining losses.
A lawyer can review the insurance policy terms that cover the liable party and give you a better idea of how much compensation you can expect.
Many people handle severe, complex personal injury claims independently because they fear the cost of hiring a lawyer will cut into the settlement they ultimately recover. However, handling a claim alone can become more expensive than one might think. In many cases, insurance companies do not take injured parties seriously when they do not have a lawyer on their side. A lawyer can also provide several other advantages to a claim, like:
A Lawyer Can Estimate Reasonable Compensation
A lawyer can give you a better idea of how much compensation you deserve for your injuries. Knowing what you deserve can, in turn, make it much easier to fight for compensation.
A Lawyer Can Fight for You
A lawyer can assist in the fight for the compensation you deserve. An experienced injury lawyer can collect evidence to establish how and when your injuries occurred or deal with the insurance company on your behalf. Often, a lawyer’s dedicated support can make a huge difference in how much compensation you can recover.
A Lawyer Can Help You Avoid Potential Pitfalls
You may face many potential pitfalls in the personal injury claims process. Insurance companies often use strategies to talk you into accepting less compensation than you deserve. For example, they may make a fast, but low settlement offer or trick you into admitting fault for the accident. A lawyer can provide the vital support you need to avoid those strategies.
Will I Recover More Compensation if I Go to Court?
In most cases, insurance companies and injured parties settle out of court. Going to court can add complexity and stress to the process. Additionally, going to court will substantially increase legal costs, particularly for the insurance company.
Going to court does not necessarily increase your odds of winning. If you have clear evidence in your favor but the insurance company will not negotiate, going to court may make it easier to get the compensation you deserve.
On the other hand, if you cannot reach a reasonable agreement with the insurance company through negotiation or mediation due to poor evidence, going to court may not be a good idea.
Work with a lawyer to get a better idea of whether going to court will help you achieve your goals or whether settling out of court will offer you better odds of getting the compensation you deserve for your injuries.
Contact a Lawyer to Learn More About Your Chances of Winning Your Personal Injury Claim
Working with a personal injury lawyer can give you a better idea of whether you have a good chance of winning your personal injury lawsuit. A lawyer can review the available evidence and the extent of your injuries, then advise you how to move forward. Ready to get started? Contact a personal injury lawyer for a free consultation about your accident and your right to pursue compensation.