If you are injured as a result of someone else’s actions or negligence, you may assume that it would be pretty easy to collect the compensation you deserve. While that sounds nice, that’s not the reality we live in. Insurance companies love to put claimants through the rigamarole in hopes that they give up on their claim or jump on a lowball settlement offer. So that begs the question, just how hard is it to win your personal injury case at trial? In today’s blog, we explore how hard it can be to win certain types of personal injury cases at trial, and we share some tips for increasing your likelihood of winning at trial.
How Likely Is It I’ll Win My Personal Injury Case?
The insurance company will have a bevy of lawyers in their corner, so know that you’re in for a fight if your case goes to trial. Also, if an insurance company is willing to go to trial, odds are they feel pretty strongly that they are in the right. The vast majority of claims are settled ahead of trial, but about five percent of claims end up in court. Of these these claims, here’s a closer look at some general trail data provided by Forbes and the Department of Justice:
- Claimants win about 61% of their automobile insurance claims in court.
- Claimants win about 39% of their “injured on someone else’s property” claims in court.
- Claimants win about 38% of their product liability claims in court.
- Claimants win about 19% of their medical malpractice claims in court.
As you can see, it’s not exactly easy to win your case in court. Only automobile accident claimants are successful more than half the time, but that doesn’t mean you should always be in a rush to settle to ensure you at least get something. There are some things you can do to increase your likelihood of winning your injury case in court, and we’ll touch on them in the next section.
How To Improve Your Odds Of Winning In Court
There are a few things you can do to drastically improve your odds of winning a personal injury award if your case goes to court. Here’s what we recommend.
Evidence Collection – If you’re ever injured in an accident where you may end up pursuing compensation, do everything in your power to document the scene and collect evidence. The more evidence you have to support your claim, the easier it will be to win an award. Take pictures of the scene, collect witness contact information and have your injuries assessed promptly by a medical professional.
Hire A Lawyer – Perhaps the single best thing you can do for your claim is to outsource the process to a lawyer. The other side will have plenty of legal minds behind them, and you need to counter with a professional of your own if you want to stand any chance of winning. Hire a lawyer who can build a strong case and argue it eloquently before a judge.
Patience Throughout The Process – Finally, it will be helpful to remain patient throughout the process. Having patience will ensure that you won’t be in a rush to settle and you won’t rush to perform activities outside of your current physical restrictions and doctor recommendations, as these actions could serve to tank your case. Offload your case to an attorney and then sit back and let them go to work for you. We know that being patient can be hard, but trust the process and know that your patience will pay off in the end.
If you need help winning a personal injury case, or you have questions about whether or not you should move forward with a claim, reach out to Dean and the team at Margolis Law Firm today at (952) 230-2700.
