Your chances of winning a lawsuit depend on how strong your evidence is and how skilled your lawyer is. Even with solid proof and a good legal team, the outcome can still vary depending on the type of case.
Trials are uncertain, even when the facts in the case are clearly in favor of the plaintiff. Juries may decide based on feelings, not facts, or may dramatically reduce the number of damages you’re awarded, which could make a win in a trial feel like a hollow victory.
Many experienced Denver personal injury lawyers advocate seeking an out-of-court settlement, as negotiations give the plaintiff more control over the outcome and eliminate risk. Several factors influence whether you’ll win a personal injury lawsuit, though; the absence or presence of these can have a big influence on the outcome of your claim.
Your odds of getting a personal injury settlement
The kind of injury claim you file has a major impact on your chances of settling. The following statistics show how personal injury cases typically play out in the U.S.
- Out of these cases, approximately 17,000 involve medical malpractice claims.
- Nearly one-third of U.S. physicians have faced a malpractice lawsuit during their career.
- Approximately one in 20 personal injury cases is resolved in court.
- Approximately 95% of personal injury cases are settled out of court.
Because so few cases are resolved in court, there’s a much greater chance that you’ll receive a settlement than a jury award. However, you may walk away with nothing. There are a few things you can do that improve your chances of securing compensation.
Factors that impact whether you’ll get a settlement
Retaining legal representation is your best chance of getting fair compensation. Insurance companies are more likely to take your claim seriously when you have a lawyer. A good lawyer isn’t enough to win your claim, though.
Disputed liability is one of the main reasons that personal injury claims go to trial. If the facts are clearly in your favor, the other side is more likely to settle the case. Witness statements, objective physical evidence, police reports, and your medical records are vital pieces of evidence that prove the defendant’s liability. However, if the other side contests liability, and there’s little evidence proving it one way or the other, they may decide to take their chances at going to trial.
It may make sense for you, as the plaintiff, to take the matter to court if:
- The insurance company refuses to agree to a fair settlement,
- The offered settlement is far less than your claim is worth,
- You seek punitive damages for egregious negligence, or
- Your case involves complex legal issues best resolved by a judge.
We also remind clients to be cautious about posting on social media while their case is ongoing, as insurance companies may monitor online activity to dispute injury claims.
Improve your chances of winning with our experienced personal injury attorneys
Constructing a compelling case that wins personal injury suits requires extensive knowledge of Colorado tort laws, experience talking to juries, and considerable resources, including expert witnesses and savvy investigators.
At Zara Injury Law, we have a strong track record of successful settlements and jury awards; with our decades of combined experience, we know when to settle and when to take a case to trial.
When you work with our firm, you can trust the litigation of your case to our talented team of attorneys. We pursue full compensation for your medical treatment, lost wages, and pain and suffering when someone else’s negligence causes you harm. Contact us online or call us at (866) 823-8288 for a free consultation.