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What Are Your Chances of Winning a Personal Injury Lawsuit [Realistic Expectations]
Dealing with a personal injury case is daunting. When you’re navigating medical bills, lost wages, and pain and suffering, wondering if you’ll get appropriately compensated can add even more anxiety to your plate.
Thankfully, your chances of winning a personal injury lawsuit are generally in your favor.
About 95-96% of personal injury cases in the U.S. are settled before going to trial, meaning only about 4-5% of cases are settled in court. Of the cases that go to court, you have roughly a 50% chance of winning the personal injury lawsuit.
The Bureau of Justice Statistics found that for car accident claims, the most common personal injury claims, the success rate for plaintiffs is around 61%.
Learn more about your chances of winning a personal injury lawsuit as we dive into more information below.
Odds of Getting a Personal Injury Settlement
It’s a common misconception that all personal injury cases go to court. Not only is this not true, but a large majority of cases are settled without a trial through negotiations between lawyers. A settlement is an agreement for the plaintiff to accept a specific amount of money in exchange for not pursuing the case in court. Nationwide, about 95% of personal injury cases reach a settlement without having to go to court.
Factors that impact your settlement amount can include:
- Clear Liability: If your case demonstrates clear liability on the part of the defendant, you’re more likely to receive a higher settlement amount. Evidence like video footage, police reports, and eyewitness statements can help prove liability.
- Severity of Injuries: Severe injuries that require extensive medical treatment or those that result in long-term disability often lead to higher settlement amounts.
- Witness Testimony: You can boost your case’s credibility by including statements from expert witnesses like medical professionals and economists that can speak to the severity of your injuries or your lost wages.
You can help increase your settlement value in your personal injury case by hiring an experienced attorney, gathering clear evidence, and evaluating your total losses. Your attorney will fight for what you deserve every step of the way by helping you through the negotiation process and lending their expert advice on what settlement amount is fair for your case.
How Often Do Personal Injury Cases Go to Court?
Nationwide, only 4-5% of personal injury cases go to court. Since trials are often expensive and time-consuming, both sides typically prefer the certainty of a settlement over a trial. However, there are instances where it makes sense for the case to go to court.
Cases that involve complex issues or higher states can end up in court. Additionally, it can make sense to take your case to court if you’re dealing with any of the following scenarios:
- A fair settlement can’t be reached with the insurance company
- There is a dispute over who is at fault
- The offered settlement is significantly below the value of your claim
- You have strong evidence of the defendant’s negligence and are seeking substantial compensation
- You are seeking punitive damages because of the defendant’s egregious behavior
What Are Your Chances of Winning a Personal Injury Lawsuit in Court?
If your personal injury case does ultimately go to court, you generally have a 50% chance of winning the case. When the case goes to court, the plaintiff’s party must produce evidence to establish the truth of the facts needed to prove the defendant was at fault—this is called burden of proof. Burden of proof ultimately determines if a legal claim is valid or invalid based on the evidence produced.
You can increase your odds of winning a personal injury lawsuit by providing ample evidence. Evidence in a personal injury trial may include, but is not limited to:
- Statements from eyewitnesses
- Physical evidence from the accident scene or other physical evidence that applies to the case
- Video footage and photographic evidence
- Copies of the plaintiff’s medical records that prove injuries
- Testimony from medical experts, economists, accident reconstructionists, and other experts
- Evidence related to lost wages, medical bills, and other economic damages
The more specific evidence you have regarding your injury, the better chances you have of winning your case. Thankfully, a skilled lawyer will help you gather the evidence you need to make an impact.
You can also better your odds of winning a personal injury lawsuit in court by clearly proving the fault of the defendant. Ultimately, this comes down to hiring an experienced lawyer who can persuasively argue that the other party is at fault in conjunction with the provided evidence.
When choosing a lawyer, ask about their success rates for similar personal injury cases they have handled. For example, here are previous settlement amounts won by the skilled team at Wettermark Keith for cases involving serious injury or death:
| Automobile Wreck | $8,500,000 | $3,325,000 | $1,025,000 | $1,000,000 |
| Commercial Vehicle/Truck | $1,500,000 | $943,000 | $900,000 | $750,000 |
| Premises Liability | $2,500,000 | $2,000,000 | $1,275,000 | $1,000,000 |
| Wrongful Death | $1,990,000 | $1,325,000 | $1,075,000 | $900,000 |
Disclaimer: The settlement amounts mentioned in this blog are for informational purposes only and should not be interpreted as a guarantee or prediction of what you may receive in your case. Every case settlement is unique and depends on multiple factors, including the severity of injuries, the determination of fault, insurance coverage limits, and the specific damages sustained in the accident. The figures provided reflect past case results, but your final settlement amount may vary significantly. For personalized legal guidance, we encourage you to contact our experienced personal injury attorneys for a free consultation and estimate of your case's value.
Which Personal Injury Cases Have the Best Success Rate?
Not all personal injury cases are created equal. In fact, some cases are statistically more likely to win than others. Explore the likelihood of winning your case depending on the type of injury you received:
Car Accidents
Millions of people are affected by car accident injuries each year. Car accidents have the highest success rate for plaintiffs. About 61% of auto accident cases result in a settlement for the plaintiff based on nationwide averages from The Bureau of Justice Statistics. Keep in mind that this success rate is not a guarantee, as each case is unique and depends on specific factors.
Slip and Fall Accidents
Slip and fall cases can often be more challenging to win because the plaintiff must prove that the property owner was negligent in maintaining safe conditions (e.g., uneven pavement, a wet floor, or obstructions) and that this negligence directly caused the slip, fall, and injury.
Medical Malpractice
Since medical malpractice cases can face challenges in proving that the healthcare provider’s negligence is what directly caused the patient’s injury, The Bureau of Justice Statistics found that plaintiffs win approximately 27% of medical malpractice trials. This success rate is not a guarantee through Wettermark Keith, as each medical malpractice case has a unique set of circumstances.
Product Liability
Injuries caused by defective products lead to product liability cases. These cases can also be complex due to the need to prove that the product was defectively designed, manufactured, or marketed. Expert testimonies and extensive investigation are required in these cases in order to win a fair settlement.
Improve Your Chances of Winning a Personal Injury Lawsuit
Ideally, you can win a personal injury settlement without having to go to court. But regardless of whether your case goes to trial or not, it’s vital to have a skilled lawyer on your side to help you win the compensation you deserve.
When you hire a lawyer at Wettermark Keith, you’ll have an empathetic partner by your side who will help you navigate evidence, testimonies, and negotiations and will fight to secure the compensation you deserve.
If you’ve been injured in an accident, it’s important to act fast and seek legal representation to improve your chances of success. Contact Wettermark Keith today to get started with a free consultation.
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