When considering pursuing the legal process after suffering a personal injury, one of the first questions you will ask an attorney is your chances of success. You may think you have the legal right to money, but there is no guarantee that you will receive compensation for your injuries. Before you can get paid, you must file either a successful claim or a lawsuit. Depending on how they choose to deal with your case, insurance companies may compensate you on their own, or a jury will force them to pay.
You do not stand much chance of winning a personal injury lawsuit without an attorney representing you throughout the legal process. Filing a lawsuit is complex and detailed. It is best to call a Wimberly personal injury attorney and hire them to represent you.
Your attorney will assess the details of your case, gather evidence, and build a strong legal strategy on your behalf. A lawyer brings a wealth of knowledge and experience to your case, ensuring you have the best chance of success. They understand the details of personal injury law and can effectively advocate for your rights.
Your Chances of Success Depend on the Strength of Your Evidence
Your chances of winning a personal injury lawsuit depend on the strength of the case you can assemble. When you compile evidence showing that someone else was to blame for your injuries, you are in a stronger position to recover financial compensation. However, much needs to happen before you can receive money in a lawsuit. The fact that you have suffered an injury in an accident is just the starting point in your case. You must do considerable work before persuading a jury of the defendant’s liability. A personal injury attorney has experience gathering evidence and can present a compelling case to the jury.
How You Win a Personal Injury Lawsuit
The core obligation that you must meet to win a personal injury lawsuit is showing that the defendant was negligent in your case. You must prove each of the following four elements to demonstrate negligence:
- The defendant had a relationship with you and owed you a duty of care.
- The defendant failed to hold this duty of care because they did something an average person would not have done under the circumstances.
- You suffered an injury to your person or emotions.
- You would not have suffered an injury had it not been for the defendant's actions.
In a personal injury lawsuit, everything comes down to the evidence you have and whether you can meet your burden of proof, and it is up to you to prove your case. If you fail to do so, the jury will not rule in your favor, nor will you receive a settlement check.
There is Never A Guaranteed Result in a Personal Injury Case
Winning a personal injury case is no sure thing, even if you think what happened to cause your damages is straightforward. In any personal injury lawsuit, it is not about what you know; instead, the ultimate success of your case comes down to what you can prove happened. When you take your case to court, you must at least allege facts that will entitle you to relief if you can prove them.
When you first see a personal injury lawyer, determining your chances of winning a lawsuit is complicated. They will need to review the facts of your case to give you an initial impression. Your personal injury lawyer knows that the outcome depends on their investigation and the strength of the evidence they can gather, and you will learn more along the way. One indicator you are on track to win your lawsuit is when the insurance company makes you a settlement offer. Then, you know that the insurance company understands potential risks and wants to resolve the case before it goes to trial.
Winning Does Not Necessarily Mean That Your Case Went to Trial
Remember that success in a personal injury lawsuit does not necessarily mean winning a jury trial in court. Although it happens in some circumstances, this is not the most common way that you will win your case. More often, winning means reaching a settlement agreement with the defendant, and their insurance company pays you for the harm you have suffered. Settlement agreements are a common outcome for personal injury cases because, frequently, both parties want to avoid a trial.
Before receiving a settlement check for a lawsuit, you must have a solid showing in the legal process. First, you must come to the table with a thoroughly investigated and detailed legal complaint, and it must be precise about the facts of the case and the damages you seek. Your personal injury attorney will already have done extensive work investigating the accident and determining who may have been to blame for it.
One significant advantage of hiring a lawyer is their ability to assess the true value of your claim. They will thoroughly investigate your injury's circumstances, considering medical bills, future medical expenses, lost earnings, and pain and suffering. Armed with this information, they can negotiate a fair settlement that accurately reflects your damages.
Your Chances of Winning Can Improve During the Personal Injury Lawsuit Process
Then, your personal injury lawyer can also strengthen your case during litigation. When your lawsuit proceeds past any motion to dismiss your case, you will reach the discovery phase of the litigation. Discovery is the most essential part of your lawsuit because it allows you to build additional evidence to prove fault in your case. You do not always have the full extent of the evidence that you need to win your case at the outset. Much of this proof is in the defendant’s hands, and the lawsuit process allows you to obtain it through a formal request. If your requests are relevant and not burdensome, the defendant must give you things like emails and texts that they have. You also have the right to ask the defendant written questions about the facts of the case, which are called interrogatories.
Your personal injury attorney can question the defendant’s witnesses during a deposition. You can establish valuable evidence and lock in these witnesses’ testimony to the point where they cannot say anything inconsistent with what they said in their deposition at trial. Thus, this part of the process is vital. The opposing counsel will likely take your deposition, and if you work with your lawyer to prepare and avoid mistakes, you will be in an even stronger position to win your case.
A Strong Showing During the Trial Process Can Increase Your Odds of Winning
What happens during discovery will directly affect your chances of winning a personal injury lawsuit. If the insurance company realizes you have the evidence that will likely allow you to prevail in front of a jury, it may offer you a settlement. However, the mere offer of a settlement is not a win in itself. The insurance company may have already made you a settlement offer earlier in the trial process, but it was for a fraction of what your case is worth.
Insurance companies may make you a more competitive settlement offer the closer you get to trial, especially when they analyze the strength of your case. Additionally, they may have another reason to settle your case before reaching a trial. Policyholders can sue for bad faith if they go to trial and owe money after the insurance company failed to reach a settlement agreement.
Personal injury plaintiffs do not always have the strongest track record at an actual trial. The success record depends on the type of case. For example, medical malpractice plaintiffs win fewer cases at trial than car accident claimants. Thus, insurance companies are more aggressive about settling certain types of cases than others. For example, insurance companies may not want to face a jury for a car accident case because they realize there is a chance that the jury may assess punitive damages. The cases that do not reach a settlement before trial are often the ones that insurance companies believe they can win.
Winning Does Not Just Mean Getting Money for Your Case
Getting a settlement check from the insurance company does not necessarily mean achieving a successful outcome. If you did not get enough money, you have signed away your legal rights for less than they are truly worth. In that event, the insurance company won because it accomplished what it set out to do in the first place. Insurance companies always want to save money at your expense, even if you present them with a case that includes compelling evidence of their policyholder’s liability. Thus, you must also know how much your case is worth before you file it and prepare to fight for every dollar.
You Have a Better Chance of Winning When You Hire a Personal Injury Attorney
Although there are many uncertainties in the lawsuit process, there is one thing that you can know for sure: Your odds of winning a personal injury lawsuit improve when you hire an attorney for your case. A personal injury attorney will only want to accept a case with a good chance of success.
When you hire a personal injury lawyer, you have the help of an experienced advocate who knows their way around a courtroom. Your personal injury attorney understands the legal strategies for your case, including whether to take your lawsuit to court in the first place. Then, they know how to build your case during your lawsuit while putting pressure on the insurance company to make an adequate settlement offer. If the insurance company is still unwilling to pay you what you deserve, your personal injury lawyer will take your case to a trial before a jury.
Furthermore, a lawyer has access to a network of qualified experts who can strengthen your case. These experts may include accident reconstruction specialists, medical professionals, or vocational experts who can attest to your injury's impact on your life. Their testimony can provide key evidence to support your claim and maximize your chances of receiving fair compensation.
Hiring a Personal Injury Attorney Costs You Nothing Out of Pocket
When you have suffered a personal injury, it is natural to have concerns about the costs of hiring a lawyer. After all, dealing with medical bills, lost earnings, and other expenses is overwhelming enough. Fortunately, when hiring a personal injury lawyer, there is good news: it will not cost you anything out of pocket.
Most personal injury lawyers work on a contingency fee basis, meaning they only get paid if they successfully recover compensation for you. You do not owe them anything if you do not win your case. This fee arrangement alleviates your financial burden and allows you to focus on your recovery without worrying about legal fees.
Personal injury lawyers work on a contingency fee basis because they believe in the strength of their client's case. By accepting cases on this arrangement, they share the risk with you and will do everything possible to secure a favorable outcome. You can feel confident knowing that your lawyer will strive to get you the maximum compensation you deserve.
With a contingency fee arrangement, personal injury lawyers will take a percentage of the compensation they recover for you. This percentage varies depending on the complexity of the case and the stage at which your lawyer will resolve it. Discussing this fee structure with your lawyer upfront is essential so you have a clear understanding of the financial arrangements.
A Personal Injury Attorney is Standing By
Tackling a personal injury lawsuit without a lawyer is a risky endeavor. By enlisting the help of an experienced attorney, you gain a trusted partner who will fight tirelessly to protect your rights and secure the compensation you deserve. Do not leave your future to chance – consult with a lawyer today and ensure that you have the strongest possible representation in your personal injury case.
