What are the Chances of Winning a Personal Injury Lawsuit?

October 22, 2022

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When you are injured by another person you will likely consider filing a personal injury lawsuit. Filing a lawsuit gives you the potential to recover compensations for your injuries. However, many people find themselves wondering “What are my odds of winning a personal injury lawsuit”? It is normal to wonder how hard you’ll have to fight get your losses recognized and if you’ll win.

What Percentage of People Win Personal Injury Lawsuits?

According to the U.S. Department of Justice, only 3 percent of personal injury claims settle through a trial verdict. Most claims are settled before they make it to trial. Additionally only around 28 percent of personal injury defendants do not contest the complaint. This means that 72 percent of defendants (the person sued) will oppose the the complaint filed against them.

What Are the Chances of Being Compensated in a Personal Injury Lawsuit?

Typically if you are injured because of someone else’s negligence it is not uncommon to want to gain compensation from the party who caused the damages. Gaining compensation from your injuries is not as straight forward as you might hope, and can take several months if not longer to settle. Compensation as a result of a personal injury lawsuit depends on several factors.

Evidence

To be successful in a personal injury case, you must provide several types of evidence. Hiring a Lawyer can be beneficial to helping you gather evidence and advise you on what will help your claim the most. There are several types of evidence you will need to prove your case.

Evidence of Who Caused Your Accident

There are several ways to establish who caused your injuries. Obviously with high quality evidence you will have a better chance at winning your personal injury lawsuit case against the person who caused these damages. The more evidence you have the better chances you have. Consider collecting these types of evidence.

  • Photo Evidence. Having photographic evidence in your personal injury lawsuit case can be key to your chances of winning. These photos will help you establish and prove that the other party’s negligence caused your accident. For example, if you have photos of the vehicles in the collision that can prove the other party caused the accident. Or if you fell because of a broken set of stairs and have photos that the stairs were in fact not up to code and in working condition.
  • Video Footage. Sometimes in car accidents the drivers may have a video footage from a dash cam that recorded the events that led to your car accident. Similarly, if you were in a slip and fall accident, security footage may be able to provide evidence of how and why the accident occurred.
  • Witness Testimony. Before leaving the scene of an accident it is important to get witness information. Take down their testimony at the time of the accident and collect their information in case you need more details from them in the future.
  • Previous negligence from the person responsible. If you have proof that the other person has a history of negligence it can help make your claim easier. Evidence of this type is not always easy to come by. Working with with a knowledgeable lawyer who knows the ins and outs can help your case.

Evidence of Your Injuries

In addition to establishing evidence on how your injuries occurred, you need to be able to prove exactly what kind of injuries you sustained.

To do this you can present several forms of evidence of injuries including

Liability

The most important part of a personal injury case is being able to prove liability. You need to have above evidence to prove the other party’s negligence caused your injuries. Negligence can be established in many forms. Anywhere from a driver choosing to drive drunk or a company failing to upkeep safety on their property. Working with a lawyer can help you establish the liability of the other party for your accident.

Contact a Personal Injury Lawyer to Learn More About Your Chances of Winning Your Personal Injury Claim

At B|B Law Group, our goal is simple: preserve and protect the legal rights of the people of Southern California. Our award winning team of attorneys are experienced in the fields of personal injuryemployment and habitability law, and it is our mission to provide our clients with the best legal representation.

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