If you’ve been injured due to someone else’s negligence, you may be considering a personal injury lawsuit. But how hard is it to win? The truth is, most cases don’t go to trial—instead, they settle. However, winning fair compensation depends on several factors, including the strength of your evidence, state laws, and how well you handle insurance companies.
The quick answer to “How Hard Is It to Win a Personal Injury Lawsuit” is you have a 73% chance of winning your personal injury case by settling before trial and a 53% chance of winning if you go to trial. However, these odds are heavily dependent on the type of personal injury case you take to trial as car accident cases have a 60% chance of winning at trial, premises liability cases have a 52% chance of winning at trial, and medical malpractice cases only have a 26% chance of winning at trial. One last factor is, that the dollar amount you win in a settlement will likely be less than what you win in a trial. (BJS)
How Hard Is It to Win a Personal Injury Lawsuit? Understanding Your Chances
Winning a personal injury lawsuit depends on whether you go to trial or settle. According to the U.S. Department of Justice (BJS):
- Only 3% of personal injury cases go to trial.
- 73% of cases settle before trial.
- Plaintiffs win 53% of the time when cases go to trial.
Settlement is the most common outcome because trials are expensive and unpredictable. However, settling too early or without legal guidance could mean accepting less than you deserve.
Factors That Affect Your Case’s Success
Several factors influence how difficult it is to win a personal injury case:
1. Proving Negligence (Burden of Proof)
To win, you must prove that the other party:
✅ Owed you a duty of care (e.g., a driver must obey traffic laws).
✅ Breached that duty (e.g., running a red light).
✅ Caused your injuries (e.g., the crash resulted in a broken leg).
If liability is unclear, insurance companies may argue you were partly at fault, which can reduce your compensation.
2. Strength of Your Evidence
Your case is only as strong as your evidence. Critical evidence includes:
📌 Police reports
📌 Medical records
📌 Photos/videos of the accident
📌 Witness statements
📌 Expert testimony (medical professionals, etc.)
The better your documentation, the stronger your case.
3. Severity of Injuries & Financial Losses
Cases involving severe injuries and high damages tend to result in higher settlements. According to Forbes (source):
- Statistically speaking, you have a 50% chance of your case settling for less than $24,001 but severe cases can reach millions.
- A typical car accident case settles for about $16,000.
- Medical malpractice settlements are often higher, averaging $300,000 or more.
If you have long-term medical expenses or lost income, your case’s value increases—but insurance companies may try to minimize the payout.
4. State Laws & Comparative Fault Rules
Your location can impact your case. Some states follow:
🔹 Comparative negligence: You can still recover damages even if you were partially at fault, but your compensation is reduced based on your percentage of fault.
🔹 Contributory negligence (Maryland law): If you are even 1% at fault, you do not receive compensation.
Common Challenges in Personal Injury Lawsuits
Even if you have a strong case, several challenges can make winning difficult:
1. Disputes Over Liability
Insurance companies often deny responsibility or argue that:
❌ You were partially to blame.
❌ Pre-existing injuries caused your pain.
❌ Their client’s actions didn’t directly cause your injury.
Without clear evidence, liability disputes can drag out cases or reduce your settlement.
2. Dealing with Insurance Companies
According to The Law Dictionary, insurance companies aim to minimize payouts by:
🔻 Offering lowball settlements early.
🔻 Delaying payments to pressure victims into settling.
🔻 Using recorded statements against claimants.
Tip: Avoid speaking with insurance adjusters alone—consult a lawyer first.
3. The Time and Cost of Litigation
Going to trial is:
⏳ Time-consuming (can take months to years).
💰 Expensive (court fees, expert witnesses, depositions).
🤷 Unpredictable (jurors may favor the defense).
That’s why most people settle rather than risk an uncertain trial outcome.
Personal Injury Lawsuit: Is Settling Easier Than Winning in Court?
Yes. Settling is usually faster, less stressful, and more predictable.
Personal Injury Lawsuit Settlement Advantages:
✔️ Faster resolution (months instead of years).
✔️ Lower legal costs.
✔️ Guaranteed compensation (trials are risky).
Settlement Disadvantages:
❌ You may get less than you deserve.
❌ Insurance companies may pressure you into accepting a low offer.
Forbes (source) reports that settlements tend to be lower than jury awards, but they offer certainty.
If an insurer won’t offer a fair amount, taking the case to trial may be necessary.
How to Improve Your Chances of Winning
📌 Hire an experienced personal injury lawyer – Forbes found that claimants with lawyers receive significantly higher settlements than those without representation.
📌 Document everything – Keep medical records, accident reports, and proof of lost wages.
📌 Don’t rush into a settlement – Waiting for a fair offer can maximize compensation.
📌 Avoid speaking to insurance companies alone – Let a lawyer negotiate for you.
Need Help with a Personal Injury Lawsuit? Contact the Law Office of David Wasser
If you’ve been injured in a car accident or another incident, don’t accept a low settlement offer. A strong legal team can make all the difference. Contact the Law Office of David Wasser today for a free consultation and expert legal guidance.
📞 Call Now: (301) 294-7400
📧 Email: wasseroffice@gmail.com
💻 Website: wasserlawmd.com
Sources:
- Bureau of Justice Statistics
- Forbes – Personal Injury Settlement Amounts
- Forbes – Personal Injury Lawsuit Guide
- The Law Dictionary – Lawsuit Settlement Statistics
- The Law Dictionary – Auto Accident Settlement FAQ