Your Chances of Winning a Personal Injury Lawsuit

Following an accident injury, you may want to know if there is a potential for compensation for your losses. If you believe or suspect that another individual’s actions caused your injuries, you may have the basis for a personal injury case. Negligence can happen in any number of circumstances. Even if you are unsure about the validity of a claim or case, it is worth looking into to ensure you do not give up your right to compensation.

In considering how to proceed with your case, you may ask what the chance of ultimately winning your personal injury lawsuit is. While there is no guarantee of the outcome of a personal injury case, there are indications in a case that can help determine the probability that your case will succeed.

Questions to Consider When Determining Your Chances of a Successful Lawsuit Following an Accident

The following questions can serve as a guide to help you gather more information about your case and take the proper steps following a personal injury accident to protect your rights under the personal injury laws of your state. As you go through these questions, keep in mind that the best way to determine what to expect in your case and your chance at recovery is to speak directly with an attorney with knowledge and experience representing personal injury clients.

Do You Have an Attorney?

The choice to hire an attorney is yours to make after an injury. Many victims feel that a lawyer will take time and cost them money. However, significant value and benefits come with hiring a lawyer after a personal injury accident. Typically, people are not equipped to fight against insurance companies or at-fault parties that likely have attorneys representing them. Their attorneys will not take it easy on you because you are representing yourself. They will do everything in their power to end the case quickly and, if possible, to pay nothing to you for your losses. While you might get a settlement offer, the amount offered is likely much lower than the true value you are eligible for under the law.

A personal injury lawyer representing you in a case will, in most cases, represent you on a contingency basis. You will not be obligated to make any payments upfront, making legal services accessible. Your lawyer will only receive payment for their services if you recover compensation.

If you obtain no monetary compensation in your case, you won’t need to pay your attorney.

There is little risk in hiring a lawyer but many drawbacks in choosing not to. An attorney will give you the ability to concentrate on your recovery after the accident and help you avoid the overwhelming burden of managing an injury claim and lawsuit.

The role of an attorney in a personal injury case includes:

• Analysis of your case
• Evidence gathering
• Research and discovery of liability
• Preparation of your case
• Calculation of the damages for your injuries and other recoverable losses
• Building support and arguments for your case
• Overseeing all communications to other parties
• Negotiating on your behalf to try to reach a settlement
• Assist you with settling medical bills and expenses after payment of settlement
• Advocate for your rights in court and trial as necessary

What Are Your Expectations?

One of the first discussions you will have with your lawyer is about the facts of your case and your chances of recovery. Winning a personal injury case can be subjective as there is a wide range of compensation that you may receive for your losses. Receiving a settlement offer does not always equate to a win but can help you after an accident.

A win can look different in every case. The amount of money you get for compensation will significantly influence how successfully your case resolves. With an attorney, you can better understand your case, the damages you have suffered, and an approximate range of monetary compensation that you are eligible for under the law.

Ultimately, the insurer, court, or liable party’s position will influence how much money you receive, if any. An attorney will negotiate for a positive outcome and fight for just compensation for your losses in light of your injuries and losses from the personal injury accident.

Having a flexible expectation or goal will help you gauge the success of the outcome of your case. You may not receive the maximum compensation, but if the sum will cover your expenses and losses, that will likely still qualify as a success.

Is There Liability Insurance Coverage Available?

Personal injuries can happen in many different scenarios. How your injury occurs, where it occurs, and who’s liable can influence the compensation options available to you. There are several personal injury areas where an insurance policy is commonly available. When insurance is available, a victim’s primary objective is to seek compensation through a claim with a lawyer’s help.

Depending on the coverage limit policy terms and negotiations, victims may get sufficient compensation to cover their losses through an insurance claim.

For example, auto liability policies alone pay out over $160 million in losses to victims each year because of auto insurance claims.

Personal injury areas where there may be insurance coverage available to a victim include:

• Premises liability
• Product liability
• Motor vehicle accidents
• Medical malpractice
• Worker’s compensation
• Boating accidents
• Dog bite cases
• Nursing home negligence

Is a Lawsuit Necessary for Your Case?

A common misunderstanding amongst victims of personal injury accidents is that winning a personal injury case means winning a lawsuit. When it comes to personal injury cases, most victims will never set foot in court. With the help of attorneys, negotiations are often successful through insurance claims or with other liable parties to cover your losses.

If you reach a settlement that you agree on as to compensation and its terms, you will not need to go forward with a lawsuit or continue a trial. Even in cases where a lawsuit is already underway, there is still a high likelihood your case will settle before a court renders a verdict.

If a lawsuit is necessary and a trial must occur, there is no need for alarm or concern. There are times when an insurer or at-fault party may decide they are willing to risk going to trial and do not want to agree to settle for your claimed damages.

It may take more time to prepare your case and proceed through the court process, but you can still pursue the compensation you deserve. Estimates indicate that of the small number of personal injury cases that reach trial, more than 90 percent of personal injury lawsuits will end in favor of the plaintiff.

When it comes to a lawsuit, the court has the final say regarding liability and compensation. You cannot negotiate with a court. You will prove your case, injuries, and damages while the opposing party will try to refute your claims or evidence. The decision made by a judge or jury will indicate who is responsible for the accident and the amount you should receive for your losses if the results are in your favor.

Situations in which a lawsuit may be necessary following a personal injury accident:

• The insurer does not accept liability for your injuries
• There is a dispute as to fault for the accident
• Multiple defendants are liable to you
• There is a dispute and disagreement as to the amount of compensation you are eligible for
• There is no valid insurance coverage available
• The limitations of an insurance policy are insufficient to cover your losses

Do You Have Evidence to Support Your Case?

When you are a victim of a personal injury accident, the evidence available can make or break your case. Evidence may exist but not be readily available or easily accessible to you. Fortunately, personal injury attorneys have the resources and experience to discover and pursue evidence that can influence the outcome of your case. It is critical to gather any information you believe is relevant, keep track of conversations and communications with at-fault parties, and share with your attorney the evidence you think exists and where it may be.

The strength of a personal injury case lies in the evidence to prove the events leading to the victim’s injuries, the defendants’ liability, and the value of the injuries and other damages. The more proof you have, the stronger your case will be, and the more likely your case will resolve positively.

Who Is Potentially Liable to You for Your Losses?

Discovering liability in each personal injury case is a complex process. Attorneys will discuss the details of your accident and investigate further to find out what went wrong and who may be responsible. Liability may appear obvious to you, but in cases where there are institutions, businesses, or commercial activities involved, there can be multiple parties that contributed to your injuries tenuously.

The liability in a personal injury case may include:

• An individual
• A private business, organization, or entity
• A property owner, public or private
• A product manufacturer
• A government agency
• A healthcare professional or facility

What is the Extent of Your Losses?

The higher the damages and losses to a victim of a personal injury accident, the more likely there will be some resistance by insurance companies and at-fault parties to settle. When there is a lot of money on the line, you are more likely to face opposition to damages and losses. Your attorney will likely take more work to prove and negotiate a resolution on your behalf, but that doesn’t mean you won’t still be successful.

Damages in a personal injury lawsuit may include:

• Loss of your income
• Costs and expenses for medical care
• Property damage, if applicable to your case
• Pain and suffering
• Permanent disability or disfigurement
• Wrongful death damages

If you or a loved one suffer any injuries that you believe are the fault of another party or due to negligence, you may have a basis for a personal injury lawsuit or claim. Contact a personal injury lawyer to set up a free no-obligation evaluation to discuss your case. Choose to hire a lawyer to best position your case to succeed in pursuing the compensation you deserve.