The chances of winning your personal injury claim can vary depending on various factors related to the specific case. About 3% of personal injury cases settle through a trial, whereas many cases may settle before trial.
The injured victim may sometimes dismiss the case, according to the U.S. Department of Justice. Nearly 72% of defendants contest the complaint, and 28% of defendants do not contest the complaint.
Elements That Influence The Likelihood Of Personal Injury Lawsuit Outcome
While it is not possible to provide an exact percentage, several vital elements can influence the personal injury payout:
- Liability
Establishing liability is crucial in a personal injury case and may also determine the value of an injury claim. You need to prove that the other party (defendant) was responsible for causing your injuries through negligence, carelessness, or intentional actions.
It may involve presenting evidence such as accident reports, photographs, witness testimonies, expert opinions, or any other relevant documentation that demonstrates the defendant’s fault.
- Evidence
The quality and quantity of evidence play a significant role in determining the success of a personal injury lawsuit. Strong evidence can include the following:
- Medical records
- Diagnostic reports
- Photographs of injuries or accident scenes
- Surveillance footage
- Any other documentation that supports your claims
Gathering and preserving evidence early in the process is vital to building a strong case.
- Damages
The extent of your injuries and the resulting damages will influence the potential compensation you may receive. Factors such as medical expenses, lost wages, pain and suffering, emotional distress, and long-term disabilities are considered when calculating damages.
Severe injuries with substantial financial and emotional impact generally have a higher chance of yielding a successful outcome.
- Legal Representation
Having an experienced personal injury lawyer can greatly increase your chances of success. They will deeply understand personal injury laws, court procedures, and negotiation tactics. Furthermore, they can gather evidence, assess the strength of your case, communicate with insurance companies, and navigate complex legal processes.
- Jury or Judge
If your case goes to trial, the decision-maker (either a jury or a judge) will determine the outcome. Their perception of the evidence, the credibility of witnesses, and the effectiveness of legal arguments presented by your attorney can influence the decision.
They will strategically present your case, explain the legal issues, and engage the jury or judge with compelling arguments.
- Settlement Negotiations
Many personal injury cases may be won through settlement negotiations outside of court. The strength of your case and your attorney’s negotiation skills can influence the likelihood of a favorable settlement offer. An experienced legal professional can assess the value of your claim, negotiate with insurance companies or the opposing party, and strive for a resolution.
How To Win A Personal Injury Case?
Winning a personal injury lawsuit can be a complex and challenging process. However, there are a few things you can do to increase your chances of winning a lawsuit:
- Gather evidence: You will need to gather evidence to support your case. This could include things like police reports, medical records, and witness statements.
- Document your injuries: Keep track of all of your medical expenses, lost wages, and other damages. This will help you calculate the amount of compensation you are entitled to.
- Be prepared to testify: You will likely be asked to testify in court about your injuries and the accident. It is important to be prepared to answer questions about your case.
- Be patient: Winning a personal injury lawsuit can take time. It is important to be patient and persistent throughout the process.
Need Legal Support? Contact a lawyer
If you have been injured in an accident and are considering filing a personal injury claim, it is advisable to consult with a personal injury lawyer to assess your chances of winning the case. They can evaluate the unique circumstances of your situation, examine the evidence, and provide expert guidance on the strength of your claim.