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What Are the Chances of Winning a Personal Injury Lawsuit?

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What are the chances of winning a personal injury lawsuit? This is a common question for most Americans who have never faced a lawsuit. It can be scary to jump into a case and determine whether it’s worth the effort. The Law Dictionary reports that more than 90% of personal injury trials end in favor of the plaintiff (victim). But the reality is that many factors come into play about whether a plaintiff will win or get fair compensation.

Factors That Affect Winning a Personal Injury Lawsuit

Some cases are easier to prove than others, especially when there is a clear negligent party. For example, as a pedestrian injury accident law firm, we find that drivers are almost always the negligent party in a pedestrian car accident since the drivers must follow more laws. Plaintiffs must present evidence such as witnesses, videos, pictures, testimony from specialists and more—the more evidence favoring the victim, the better.

The extent of a victim’s injury will determine the case’s value. For example, how long did the injury last? Did it cause permanent damage? Does it affect the standard quality of life? How the victim handled the injury will also play a factor. This includes whether 911 was called, if the victim needed an ambulance, any gaps in treatment, whether they followed all medical advice and more. Forbes reports that the average amount awarded to injured car crash victims in the U.S. was $29,700. However, average personal injury settlements will vary significantly on the injury’s severity.

The medical history of both the victim and negligent party can lead to smaller or larger settlements, such as the need to wear glasses or current or past prescription medications. Pre-existing injuries give room for the negligent party to pass on the blame.

The location where the accident took place will also affect the ability to get a fair settlement. Different states will have varying laws and regulations. For instance, Pennsylvania allows for no-fault insurance, which makes it difficult to seek compensation for personal injuries.  

How a Personal Injury Lawyer Improves the Chances of Winning a Case

The future of personal injury law is ever-changing, and there is never any guarantee as to whether a victim receives fair compensation. However, working with a personal injury attorney is the best way to increase the chances of winning a lawsuit. An attorney will help the victim understand their legal rights and build a strong case.

First, they will gather evidence to determine the injury’s extent and prove fault. Evidence can include pictures, testimonials, statistics, medical information, dashcam footage and support to prove a claim. Together, the evidence helps ensure they understand what the victim is entitled to, whether that’s compensation for medical bills, pain and suffering, or loss of income.

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An attorney will handle all communication between parties, including insurance companies. They will do all negotiations and ensure the victim doesn’t settle for less than they deserve. Most negligent parties will deny liability, whether that’s the insurance company or the individual themselves. This is often the case in a he said she said car accident. The attorney prepares to fight the negligent party in court, though most lawsuits are settled before it goes to trial.

Hiring a Personal Injury Lawyer

When considering what are the chances of winning a personal injury lawsuit, the best way to get an answer is by consulting with an attorney. At Avrek Law, we have helped to recover more than $1 billion in over 45,000 cases. With our no win, no fee policy, you don’t have to worry about investing your own money into a case you’re uncertain about. Get a free consultation with one of our lawyers to talk about your unique personal injury case.

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Avrek Law Firm's legal team, led by attorney Maryam Parman

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