When you file a personal injury lawsuit, there’s always a possibility your case will settle before trial. In fact, many claims are resolved through negotiated settlements. In other situations, however, taking your case to trial may be the only path to pursuing full and fair compensation.
The challenge is that trial outcomes are never guaranteed. There is always a risk of losing and recovering nothing at all, which is an important factor to weigh when deciding whether to accept a settlement offer. On the other hand, there’s no assurance you’ll receive a settlement offer in the first place. These uncertainties often leave injury victims asking a difficult but natural question: What are the chances of winning a personal injury lawsuit?
What Affects the Chances of Settling a Personal Injury Case?
The vast majority of personal injury cases will settle for some amount, regardless of the type of injury case.
Still, whether any particular case settles in the first place will depend on numerous factors, such as:
- The amount and quality of evidence in your favor
- How well-documented your injuries and losses are
- Whether the other party has compelling defenses against your claims
- How willing the other party is to risk losing at trial
- Whether you can afford to wait for a favorable verdict or you need compensation quickly
When a personal injury case cannot be settled and ends up going to trial, the plaintiff’s chances of success depend on a different set of factors.
What Affects the Chances of Winning a Personal Injury Lawsuit?
The factors that most significantly affect one’s chances of winning a personal injury lawsuit are usually as follows:
The Availability of Witnesses and Evidence
Having compelling and persuasive evidence and witnesses can help your case settle before trial. However, to prevail at trial, those witnesses need to appear and testify in court. In the same way, you must have access to the evidence you need so it can be presented to the judge or jury; even the most compelling and persuasive evidence is useless if it cannot be used in court.
Punctuality
You typically have two years from the date of your accident to file your case. Your lawsuit can reach trial beyond that deadline, but the closer to the date of your accident that it does, the better. Not only will it increase the likelihood that your evidence will still be available, but witness memories can fade with the passage of time.
Legal Knowledge and Representation
While there are no fixed rules for negotiating a settlement, bringing a case to trial and presenting arguments and evidence in court requires knowledge of and compliance with legal rules and procedures. If you do not have an experienced attorney helping you with your case, you are required to learn and apply these rules yourself.
How Likely Is It That My Case Will Succeed?
No attorney can guarantee the outcome of a slip and fall case, truck accident claim, or any other type of personal injury lawsuit. Each case is unique, and results depend on the facts and circumstances involved.
That said, the strength of your case increases when there is compelling evidence and reliable witnesses. The more credible and accessible this evidence is in court, the greater the likelihood of achieving a successful settlement or verdict.
Contact McMinn Personal Injury Lawyers for a Free Consultation
An experienced attorney can assess the strengths of your case and use powerful legal tools—such as subpoenas and the discovery process—to gather evidence and prepare for trial if necessary. Contact McMinn Personal Injury Lawyers today to schedule your free consultation and learn how we can fight for the compensation you deserve.
If you’ve been injured, contact your nearest McMinn Personal Injury Lawyers location to schedule a free consultation today.
We serve in Austin, TX, and Salt Lake City, UT.
McMinn Personal Injury Lawyers – Austin, TX Office
502 W 14th St, Austin, TX 78701
(512) 474-0222
McMinn Personal Injury Lawyers – Salt Lake City, UT Office
650 S 500 W Suite 290, Salt Lake City, UT 84104
(385) 462-7630
