Unintentional and preventable injuries are the third-leading cause of death in the United States and result in 29.2 million visits to the emergency department each year.
Common accidents and injuries in the U.S. include:
- injuries sustained from motor vehicle accidents
- slips and falls
- workplace injury
- animal bites
- drug overdose
Personal injury can result in a number of consequences, from the enormous cost of medical expenses to disability, depression, and struggles to keep a job while recovering from your injuries.
If you’ve been injured at the fault of another party—such as another person, commercial establishment, or the negligence of a governmental agency—you may be entitled to compensation that can help cover resulting financial and non-economic losses.
Yet for many, the prospect of filing a lawsuit for personal injury still invites many questions. Two common questions injured victims have is: Do I have the grounds to file a personal injury lawsuit? And what are my odds of winning a personal injury lawsuit case?
If you’ve suffered personal injury at the fault of another person, your employer, the negligence of a business establishment, or another entity—you may be able to recover damages that directly resulted from your injury.
The challenge of filing and winning a personal injury lawsuit, however, is building a strong enough case to support your version of events and your entitlement to compensation for sustained injuries.
Odds Of Winning A Personal Injury Lawsuit
The odds of winning a personal injury lawsuit largely depend on factors related to how your injury occurred, the evidence you have to support your allegation of fault, and whether you have reliable legal counsel to guide you through the litigation process.
According to the U.S. Department of Justice, 90 to 95 percent of personal injury cases are settled before making it to trial. Those that do make it to trial often result in an unfavorable outcome, especially among those who attempt to sue without the representation of a competent lawyer.
Many people who make the decision to sue another party for personal injury start by filing a personal injury claim, which can result in a negotiated settlement amount to cover damages associated with your injury, such as medical expenses and lost wages.
However, many insurance companies will often try to draw out the claims process, as they typically have a wealth of resources to litigate cases, unlike the average injured claimant. If an insurance company is being unreasonable and refusing to provide fair compensation, your best chance at receiving that compensation may be through filing a personal injury lawsuit.
Filing a personal injury lawsuit can be a lengthy process, but worthwhile if the extent of the injury-related losses, and the circumstances that caused your injury, are significant enough to warrant a strong commitment to seeking compensation.
For instance, if you took a drug regularly for years that was later found to cause serious health issues, filing a personal injury lawsuit against the drug’s manufacturers will probably be advantageous.
In this case, the benefits of filing a personal injury lawsuit might include:
- seeking compensation for being exposed to a dangerous drug and resulting effects on health
- discouraging other pharmaceutical companies from behaving in a similarly neglectful manner when it comes to ensuring the safety of their drugs
- you may have several legal options, including filing an individual lawsuit or joining a class action to seek justice for your losses
- you can sue for multiple damages related to your injury, including medical treatment costs, pain and suffering, projected expenses, and loss of earning capacity if your
- injury is severe enough to cause temporary or permanent job loss
The benefits of filing a lawsuit for personal injury, however, don’t necessarily cancel out the fear injured victims often have about whether it’s worthwhile to file a lawsuit in the first place.
If you’re considering filing a personal injury lawsuit against another party to seek compensation, there are several ways in which you can try to increase your odds of success.
How To Increase Your Odds Of Winning A Personal Injury Lawsuit
Before filing a personal injury lawsuit, consider asking yourself these questions:
- Can I prove that my injury was caused by the reckless or negligent behavior of another person, business, or entity?
- Do I have physical, photographic, or written proof of the other party’s fault?
- Is there an at-fault party that I can sue for damages?
- Am I willing to contact a personal injury lawyer to represent me in this case?
Having confident answers to these questions can put you on the right path towards building a strong case and securing fair compensation for your losses.
Additional tips for improving your odds of a successful personal injury lawsuit:
- collect as much evidence as you can to prove the other party’s liability
- seek medical care, as needed, and get a copy of your medical records
- don’t wait to take legal action; your state may have a strict statute of limitations (deadline) for how long you have to file a personal injury lawsuit
- be discreet about what you share publicly regarding your injury and your case; a lawyer can guide you on what may and may not be smart to share while your case is still in litigation
If you’re unsure whether you have a case that’s strong enough to win, a personal injury lawyer can determine what legal options you have available based on the details of your case. A lawyer can also tell you what assistance they can offer to increase your odds of winning.
Personal injury lawyers are equipped with the skills and resources necessary to support your allegation against the named defendant and can fight for fair compensation on your behalf.
Find An Attorney To Help You File A Personal Injury Lawsuit
The most beneficial tool you can have on your side to improve your chances of filing a winning lawsuit is the knowledge and expert representation of an experienced personal injury lawyer.
The personal injury lawyers of Florin|Roebig have decades of combined experience in handling cases involving a variety of injuries and have secured over $1 billion in results for clients nationwide.
Types of personal injury cases we have handled include:
- car accidents
- motorcycle accidents
- dangerous or defective drugs
- defective products
- slip-and-fall accidents
- sexual assault and battery
- medical malpractice
- dog bites
- rideshare (Uber/Lyft) accidents
Our results speak for themselves, and our lawyers are ready to hear your story. Contact the offices of Florin|Roebig today to schedule a free case evaluation and begin the process of filing a winning personal injury lawsuit.