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Motor Vehicle Accident

Chances of Winning a Personal Injury Lawsuit

Understand trends and what affects the outcome of a personal injury case


If you've been injured because of someone else's negligence, you might be wondering if it's a good idea to take legal action as you have no clue about the potential outcome.

To help you understand your chances and make informed decisions, it's important to consider various aspects of a personal injury case.

Table of Contents:

  • Do I have a personal injury case?
  • What are my chances of actually winning a case?
  • What can affect the success of my case?
  • Settlement Negotiations
  • The Benefits of Pursuing a Lawsuit

The information provided on this blog is for informational purposes only and does not constitute legal advice. The content is not intended to be a substitute for professional legal consultation. Every personal injury case is unique and its success rate depends on a variety of factors specific to your situation. To get a more accurate assessment of your case's potential success rate, we highly recommend consulting with a qualified personal injury attorney in your area.

Do I Have a Case?

You might be wondering if you have grounds for a personal injury lawsuit. Here are some key questions to to find out if you have a personal injury case:

1. When and Where Did the Accident Happen?

Knowing the date, time, and location of the accident is crucial. This establishes the context and helps determine potential liability.

2. Who Was Injured and How Badly Were They Hurt?

The severity of your injuries is a significant factor. Gather detailed medical records to document the extent of your injuries and their impact on your life.

3. Was a Police Report Filed and Who Was at Fault?

In case there is a police report, it contains important evidence such as accident details and testimonies that help establish fault.

4. What Other Damages Were Caused by the Accident?

Beyond physical injuries, lost wages, emotional distress, or other losses you experienced due to the accident.

5. What is the Legal Timeframe for Filing a Personal Injury Claim?

Each state has a "statute of limitations" that sets a deadline for filing a lawsuit. Missing this deadline could jeopardize your case.

For a detailed self-assessment guide, check out our blog:  Do I Have a Case?

Free Case Assessment Form:

Still unsure about your case's potential? We can help! Fill out our quick and easy online form to get a Free Case Assessment.

This form asks about your accident and provides information about your situation. Once you fill it out, our intake specialists will contact you or evaluate the potential of your case. This will help you make informed decisions about your next steps.

What are my chances of actually winning a case?

First, let's talk about how most personal injury cases actually get resolved. You might see courtroom dramas on TV, but in reality, most personal injury lawsuits almost end in settlements.

So, when discussing success rates, we're primarily focusing on settlement success rates. According to Nolo, 67% of the total compensations or payouts awarded in personal injury cases were received through settlements.

Sometimes settlements can be quickly and peacefully reached, while in other cases, negotiations may be lengthy and problematic. It is important to thoroughly evaluate all factors in the settlement process to ensure a fair and satisfactory outcome.

Settlement rates may vary and planning for a settlement before a trial is a crucial aspect of any successful legal plan. According to the U.S. Department of Justice, only 4% to 5% of personal injury cases go all the way to trial. This means the involved parties including the accident victim and the at-fault party reach an agreement on compensation outside of court, either through legal representation or their insurance company.

Settlements are generally favored by both parties as they can save time, money, and the emotional stress of going through a trial. They can agree on an amount upfront, instead of going to court and waiting for a judge or jury to decide.

Here's the important thing to remember. These statistics are just a starting point, they don't guarantee your specific outcome. Every case is unique, with its circumstances that can influence the success rate.

What Determines the Success of My Personal Injury Case?

Here's a breakdown of some key elements that play a significant role in the outcome of your case:

  • Strength of Evidence: A strong case hinges on clear and convincing evidence that proves the other party's negligence caused your injuries. This evidence could include police reports, witness statements, medical records, photos of the accident scene, and any expert opinions.
  • Severity of Injuries: The extent of your injuries is a crucial factor. Detailed medical documentation showing the severity of your injuries and their impact on your daily life strengthens your case.
  • Liability: Establishing clear fault on the other party is essential. The more evidence you have to demonstrate their negligence, the stronger your position becomes.
  • Treatment Costs and Recovery Timeline: The projected cost of your medical treatment and the anticipated length of your recovery significantly impact the case value.
  • Emotional and Psychological Impact: Personal injury cases often involve emotional and psychological distress. Documentation from mental health professionals can add value to your claim.
  • Settlement vs. Trial: Both sides weigh the pros and cons of settlement versus trial. Factors like litigation costs, time commitment, and potential jury caps (limits on damages awarded in some states) influence this decision.

The best way to improve your chances of winning a case and getting fair compensation is to get legal representation. An experienced personal injury attorney can analyze your specific situation and advise you on the best course of action to maximize your chances of success.

Settlement Negotiations

Taking the time to explore your options and negotiate can truly make a difference in the outcome of your claim. It's best to do this with an experienced personal injury attorney by your side, as lawyers know how to deal with insurance company tricks and negotiate for a higher settlement amount.

70% of individuals who waited for a better deal received settlements $30,700 higher than those who accepted the initial offer from the insurance company. The same research concluded that people with a personal injury lawyer end up with payouts nearly three times higher than those without representation.

The Benefits of Pursuing a Lawsuit

While success rates are important, it's not just about winning or losing. Here are some potential benefits of filing a personal injury lawsuit:

  • Financial Compensation

You might be entitled to recover damages like medical bills, lost wages, pain and suffering, and other related expenses.

  • Holding the At-Fault Party Accountable

Filing a lawsuit can hold the negligent party responsible for their actions, potentially preventing similar accidents in the future.

  • Peace of Mind

The legal process can help you achieve a sense of justice and closure after a traumatic experience. This allows you to focus on your recovery.

Contact Lawfty for a Free Consultation

Facing a personal injury case can be overwhelming, especially when you're dealing with injuries and recovery. Lawfty's experienced personal injury lawyers are here to guide you through every step of the process.

We offer free consultations, where you can discuss your situation with an intake specialist. We can assess your case, explain your options, and help you determine the best course of action.

Here's the best part: you don't pay us anything until we win your case. That means you have no upfront costs, and you can focus on healing while we fight for the compensation you deserve.

Free Case Consultation

To schedule your free and confidential case review call us at (844) 997-5100 or fill out the contact form below.

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