The truth is that the chances of winning a personal injury lawsuit depend on too many factors to set a definitive number. There are estimates, but they have to be tempered with the facts of each case. Millions of people are injured every year in accidents, plenty of which are caused by someone else’s poor decisions or an entity’s disregard for safe practices.
Unintentional and preventable injuries are the third-leading cause of death in the United States and result in 40 million visits to the emergency department each year. In addition to property damage, injury victims may have ongoing medical bills and income stream interruptions following personal injury incidents.
Common accidents and injuries in the U.S. include:
- Injuries sustained from motor vehicle accidents
- Slips and falls
- Workplace injury
- Animal bites
- Burns
- Drowning
- Choking
- Drug overdose
Personal injury can result in many negative consequences, from the enormous cost of medical expenses to disability, depression, and struggles to keep a job while recovering from your injuries.
“The challenge of filing and winning a personal injury lawsuit is building a strong enough case to support your version of events and your entitlement to compensation for sustained injuries,” states triple-board-certified attorney Tommy Roebig. “We have considerable resources to use in your favor, including over 30 years of experience in personal injury law. We’ll put it all to work getting you a fair settlement offer.”
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 are:
- Do I have the grounds to file a personal injury lawsuit?
- What are my odds of winning a personal injury lawsuit case?
Suppose you’ve suffered a personal injury at the fault of another person, your employer, the negligence of a business establishment, or another entity. In that case, you may be able to recover damages that directly resulted from your injury. The most important thing to take away here is that your chances of success are zero if you don’t ask. An initial consultation with Florin|Roebig can help you understand whether your personal injury claim is valid and how much you might win if you choose to begin a case against the responsible party.
Odds Of Winning A Personal Injury Lawsuit
The odds of “winning” a personal injury lawsuit largely depend on how your injury occurred, what evidence you have to support your allegation of fault, and whether you have reliable legal counsel to guide you through the litigation process. Any liability you have, even as the injured party, can reduce your settlement, so it’s important to document all injuries and damage and seek medical attention quickly.
Many who decide 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, insurance companies often try to draw out the claims process using their wealth of resources to litigate cases. Unfortunately, the average injured claimant frequently lacks a large pool of resources, which is why they’ve filed a claim to begin with.
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.
According to the U.S. Department of Justice, personal injury lawsuit outcome statistics include a majority (90 to 95 percent) settled before trial. Out of the small percentage that end up seeing a courtroom, the data suggests that the success rate of personal injury cases is around half. So, what improves your chances of a personal injury case win? Having the representation of a competent lawyer.
Filing a personal injury lawsuit can be a lengthy process. Still, it may be 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. It’s important to set realistic expectations about the odds of winning a personal injury lawsuit, and one of the things Florin|Roebig attorneys do with every client is make sure you know this information from the beginning and what you also stand to gain.
The benefits of filing a personal injury lawsuit might include:
- Seeking compensation for being exposed to a dangerous drug and the resulting effects on health
- Exploring multiple legal options, including filing an individual lawsuit or joining a class action to seek justice for your losses
- Suing for multiple damages related to your injury, including medical treatment costs, pain and suffering, projected expenses, and loss of earning capacity if your
- Recovering from financial hardships caused by temporary or permanent job loss
However, the benefits of filing a lawsuit for personal injury 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
Increase your odds of winning a lawsuit by knowing what you have and what you can prove. Photographic and video evidence can go a long way in supporting your claims. For example, taking a picture when you fall in a store to show that there were no visible signs warning you of a puddle is time stamped proof. A video that shows 360° of an accident scene can reveal missing traffic signals or unsafe roadways. Medical records and police reports can provide valuable information on your condition.
Before filing a personal injury lawsuit, consider asking yourself these questions:
- Can I prove that the reckless or negligent behavior of another person, business, or entity caused my injury?
- 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 toward 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 possible to prove the other party’s liability.
- Seek medical care as needed, and get a copy of your medical records.
- Take legal action ASAP; 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 case; a lawyer can guide you on what may and may not be smart to share while your case is still in litigation.
Avoiding lawsuit mistakes like failing to see a medical provider in a timely manner or miscommunicating information to your insurance company is important. Some states require medical care within a few days of any accident to validate future claims. And accidentally taking the blame for an accident or agreeing to a lowball settlement offer can reduce your chances at a personal injury trial.
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 have the skills and resources to support your allegation against the named defendant and can fight for fair compensation on your behalf.
When you do decide to work with a professional attorney, make sure you listen to the legal advice you’re paying them for. Be open and honest with them about your case and your injuries. Their investigators will help gather any evidence they might need in arguing your case, and they’ll bring in expert witnesses on personal injury testimony. This will strengthen your case and improve your odds of winning.
“At Florin|Roebig, we work hard to build an attorney-client relationship that you can depend on. We showcase the evidence using our on-site print shop for visual impact and by securing expert testimony to support your claims,” states attorney Tommy Roebig. “When someone else has caused you to have severe injuries, they should pay for it. It’s our job to make sure they do.”
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The most beneficial tool you can use to improve your chances of filing a winning lawsuit is the knowledge and expert representation of an experienced personal injury lawyer. Their understanding of state and local laws, how negotiations work, and what can be reasonably anticipated in a lawsuit outcome provide support for your case. They know what information is needed and how best to present it.
Finding a lawyer who invests in your case can make all the difference. Most of the time, you begin with an attorney consultation to discuss the merits of your case and its eligibility to pursue a claim. If you’re in agreement, then that lawyer becomes the legal representation on your personal injury case.
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Contact Florin|Roebig Regarding Your Personal Injury Lawsuit
To choose the right lawyer, you want to look at their law firm’s track record on cases similar to yours. The Florin|Roebig personal injury attorneys have decades of combined experience in handling cases involving a variety of injuries and have secured over $1 billion in results for our 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 attorneys utilize our mock courtroom, printing services, and years of case experience to tailor our approach to your specific personal injury claims. Our legal strategy on personal injury claims maximizes your chances of winning. If you need personal injury lawsuit help, our free case evaluation may set you on the right path toward gaining a fair settlement for your losses.