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Summary
Your chances of winning a personal injury lawsuit in the U.S. are around 50% to 60%.
Table of Contents
What Are the Chances of Winning a Personal Injury Lawsuit
While personal injury claims are unique and outcomes can vary, data taken from thousands of personal injury lawsuits shows that plaintiffs have a relatively high chance of winning their case, with around 50% to 60% of plaintiffs winning their personal injury cases that are taken to court.
However, according to the U.S. Department of Justice, most personal injury cases don't go to court, with around 95% settling outside of trial, but even in cases that do settle before court, settlements tend to favor the plaintiff.
It's important to understand that while plaintiffs are often favored in winning personal injury claims, you should not take your personal injury claim lightly and enlist the help of experienced personal injury lawyers to ensure victory and a fair settlement.
Common Types of Personal Injury Cases and Success Rates
The success rate for a personal injury case often depends on the type of case.
With there being numerous forms of personal injury cases, each with its own difficulties, timeline, and likelihood of success, it's important to understand the one that applies to your situation.
- Motor Vehicle Accidents: The most common type of personal injury case is car accident cases, which typically have around a 60% to 70% win rate.
- Premises Liability Claims: When incidents such as slips and falls occur on public property, a premises liability claim may be filed. This claim has a win rate of 40% to 50%.
- Medical Malpractice: Medical malpractice cases are often complex and require extensive medical evidence and expert testimony from a medical professional, making the win rate lower compared to other cases, at 20% to 30%.
- Product Liability Claims: With a success rate of around 30% to 50%, product liability claims are filed when a defective product results in injuries.
- Dog Bites: Depending on whether your state has a strict liability law for pet owners or follows a one bite rule, the win rate for a dog claim could be around 70% to 80%.
- Wrongful Death Claims: Wrongful death lawsuits are filed when a death occurs due to another party's negligent actions and have a win rate of around 50% to 60%.
The percentages outlined above are just averages, so it's important to schedule a free consultation with an experienced personal injury attorney by calling (702) 566-3600 to learn what your case's success chances may be.
What Factors Can Affect the Odds of Winning a Personal Injury Lawsuit
Numerous factors affect the outcome of a personal injury claim, with some, such as legal strategy, carrying more weight.
Understanding the key factors influencing the odds of winning a personal injury lawsuit is crucial to securing fair compensation.
Strength and Amount of Evidence
The amount of strong evidence you have to support your claims is a cornerstone in winning a personal injury case.
Such evidence, which can significantly increase your chances of winning your case, includes:
- Photographs and videos of the accident scene
- Medical records
- Witness statements
- Expert testimony
- Dashcam footage
Type of Personal Injury Claim
The type of personal injury lawsuit you're filing can affect your odds of winning.
Some types of cases, such as medical malpractice, have statistically lower win chances than, for example, a car accident claim.
Quality of Legal Representation
It's important to understand your available legal options, as the legal expertise and knowledge of the personal injury lawyer you represent can decide whether you win your case and recover maximum compensation.
If you seek skilled legal representation in Nevada, contact a Las Vegas personal injury lawyer from The Rodney Okano Car Accident Lawyer Law Firm today by calling (702) 566-3600.
Jurisdiction
The jurisdiction in which you file your personal injury lawsuit can significantly affect the outcome of your case, as some jurisdictions have laws that more favor plaintiffs while others have the opposite.
In addition, the types of judges and juries in the jurisdiction can play a factor in whether you win your case or not, as some counties could have a reputation for skepticism against plaintiffs.
Severity of the Injuries Sustained
Cases that have severe or catastrophic injuries are often easier to win and result in larger settlement amounts when compared to those with minor injuries, as claims with minor or even moderate injuries usually face more cross-examination and questioning from insurance companies about whether the injuries were pre-existing or directly occurred from the accident.
How Can You Increase Your Chances of Winning a Personal Injury Lawsuit
Knowing how to increase your chances of winning your personal injury lawsuit is vital information to have for anybody seeking compensation for their injuries and damages.
Top ways in which you can better your chances of winning your personal injury trial include:
- Hiring an Experienced Personal Injury Lawyer: Having a skilled personal injury attorney on your side can improve your chances of a victory, as statistics show that plaintiffs who enlist legal help win more and receive higher settlements than those who attempt to represent themselves.
- Documenting Everything: The more evidence and documentation you have to support your claims and damages, the more likely you are to win your lawsuit.
- Seeking Prompt Medical Treatment: Receiving immediate medical care following a personal injury can avoid any allegations of any lapses in medical care, which insurance companies often go after to lower the value of a claim or deny it, and provide you with medical records that can work as evidence in linking your injuries to the accident.
- Avoiding Speaking to the Insurance Companies Alone: The insurance company, even your own, actually works to minimize your claims payout, so it's important to avoid speaking to them alone and especially avoid giving recorded statements, as insurance adjusters may attempt to use your own words against you.
- Acting Quickly: Delays in medical care or filing your personal injury lawsuit can weaken your case, making it harder to win.
What Evidence Can Help Win a Personal Injury Case
Strong and credible evidence is key to winning a personal injury case, so it's essential to understand the evidence you should prioritize obtaining to better your chances of a successful personal injury lawsuit.
Photographs and Videos
Photos and videos of the accident scene, traffic signals & signs, visible injuries, and property damage can be used to determine liability or prove an injury occurred due to the accident.
In addition, any dashcam or surveillance footage you can collect can be a sure way to prove the responsible party's liability.
Medical Records
Medical documentation from a doctor can help prove the extent of your injuries and justify the medical treatment you received.
Key medical records you prioritize in a personal injury case are:
- Medical bills
- Emergency room records
- Physical therapy reports
- Diagnostic result (X-rays, MRIs, etc.)
Witness Statements
Eyewitness accounts can provide a third-party, unbiased account of the accident, which can be used in insurance company negotiations or court.
Police Reports
If your incident was one where a police report was filed, such as in a car accident, you may be able to use it to support your claims and win your case.
Police reports often contain key information such as:
- The police officer's observations
- Any citations issued or arrests made
- Assessments of fault
Expert Testimony
In complex cases with lower chances of success, testimony from expert witnesses such as doctors or accident reconstruction specialists may be required to build a strong case and improve the chances of winning the case.
Reasons Why People Lose Personal Injury Lawsuits
While in the United States, personal injury lawsuits favor the plaintiff, there are still situations where the plaintiff loses and is burdened with the other side's legal fees.
Common reasons why people lose their personal injury class action lawsuits include:
- Insufficient Evidence: If a plaintiff fails to gather evidence needed to form a strong argument, they jeopardize their case.
- Comparative Fault Limits: Some states, such as Nevada, have a fault cap that states how much a party can be at fault and still be eligible to seek compensation. If a plaintiff is found to exceed this fault limit, they could be barred from recovering damages.
- Missing the Statute of Limitations: If a plaintiff fails to start their claims process within their state's set statute of limitations, their case could be dismissed no matter how strong it is.
- Social Media Posts: When an accident victim posts information about the accident or content that goes against their claims on social media, the insurance company may use it against them during a settlement agreement and attempt to deny their claim.
- Gaps in Medical Treatment: If an injured party fails to seek medical care or has noticeable gaps in their treatment, it could lead to a defense attorney arguing that the injuries sustained were minor or not directly caused by the accident.
- Poor Legal Counsel: If a plaintiff hires an inexperienced, unprepared, or overloaded personal injury attorney, their case may be half-fasted, leading to a potential defeat.
What Damages Can You Seek in a Personal Injury Claim
In a personal injury claim, you can seek economic and non-economic damages aimed at compensating you for your physical, emotional, and financial damages.
Common types of damages sought include:
- Medical expenses (past and projected expenses)
- Lost wages
- Loss of earning capacity or permanent job loss
- Property damage
- Pain and suffering
- Emotional distress
- Loss of consortium
- Loss of enjoyment of life
To ensure that you obtain the most out of your claim, contact an experienced personal injury lawyer from our law firm today by calling (702) 566-3600.
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Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
