Filing a personal injury lawsuit can help you recover after someone else’s carelessness harms you.
However, the decision to pursue legal action can be complicated. You have to figure out the chances of winning a personal injury claim before proceeding with your case.
Let’s examine the factors influencing the odds of resolving a personal injury lawsuit successfully.
Establishing Negligence is the Foundation of Your Case
Negligence is the cornerstone of any successful personal injury case.
To win your lawsuit, you must prove that the defendant owed you a duty of care, breached that duty, and caused your injuries.
So, gathering strong evidence is necessary to increase the chances of getting an award for your negligence claim.
Discovery may include gathering:
- Police reports and accident scene photos
- Medical records and expert testimony
- Witness statements and surveillance footage
An experienced personal injury attorney builds a compelling case by thoroughly investigating the incident and securing the necessary proof to establish the elements of negligence.
Different Types of Personal Injury Cases and Their Success Rates
The chances of winning a personal injury lawsuit vary and depend on the action you’re seeking.
Below, we’ve broken down some common personal injury claims and their average success rates based on our law firm’s successful case outcomes.
Car Accident Cases
With clear evidence of fault and well-documented injuries, car accident cases have a relatively high success rate. However, these rates go down when insurers or defendants dispute liability or injuries are minor.
Medical Malpractice Lawsuits
These cases are often complex and require extensive expert testimony. While success rates are lower than other personal injury cases, a skilled attorney can help you build a strong claim.
Slip and Fall Accidents
Proving negligence in slip and fall cases is challenging, as property owners often argue that the hazard was obvious or that the victim was partially at fault. However, with good evidence and legal representation, many slip and fall cases result in high settlements or verdicts.
Product Liability Cases
When a defective product causes harm, you can hold the manufacturer or distributor liable. Success rates in these cases depend on factors such as the severity of the injury and the strength of the evidence linking the defect to the harm caused.
Wrongful Death Cases
These emotionally charged cases involve the loss of a loved one due to another party’s negligence. While no amount of compensation can replace a life, a successful wrongful death lawsuit can provide a sense of justice and financial support for the family left behind.
Key Factors That Affect the Chances of Winning Your Personal Injury Lawsuit
Beyond the type of case, several other factors can influence your chances of winning a personal injury lawsuit.
Strength of Evidence
The more compelling your evidence, the stronger your case. Preserve relevant documentation, such as medical records, bills, and correspondence with insurance companies.
Severity of Injuries and Damages
Generally, cases involving more severe injuries and significant financial losses are more likely to succeed. However, even minor injuries can result in a successful claim if negligence is apparent.
Comparative Negligence and Shared Fault
In Rhode Island, the court’s doctrine of comparative negligence allows for allocating fault among parties. If you are found partially responsible for your injuries, your compensation may be reduced proportionately.
Statute of Limitations
Rhode Island sets strict deadlines for filing personal injury lawsuits, three years from the date of your injury. Failing to file within the statute of limitations can bar you from seeking an award, regardless of the strength of your case.
Defendant’s Resources and Insurance Coverage
The defendant’s ability to pay damages usually impacts the outcome of your case. If the at-fault party has substantial assets or insurance coverage, you may have a better chance of securing fair compensation.
Building a Strong Personal Injury Case
You should take the following steps to maximize your chances of winning a personal injury lawsuit.
1. Discover Your Injuries
Seek medical attention immediately and follow your doctor’s treatment plan. This step ensures your well-being and records your injuries for litigation later.
2. Discover the Facts
Preserve evidence by taking photos of the accident scene, your injuries, and any property damage. Collect witness contact information and keep copies of all relevant documents, such as police reports and medical records.
3. Find Profesional Help
Hire a skilled Rhode Island personal injury lawyer who has experience handling cases similar to yours. Your attorney can guide you through the legal process, negotiate with insurance companies, and fight for the settlement or award you deserve.
4. Accurately Calculate Damages
Work with your attorney to calculate a fair settlement amount that accounts for all your damages, including medical expenses, lost wages, pain and suffering, and future costs related to your injuries.
Insurance Company Role in Personal Injury Claims
Insurance companies usually pay out personal injury claims. However, it’s important to know that these businesses train their adjusters to minimize payouts and protect their company’s bottom line.
Some adjusters may use tactics such as:
- Offering a quick, low-ball settlement before you can assess the full extent of your damages.
- Requesting a recorded statement in the hopes that you’ll say something that the company can use against you.
- Arguing that your injuries are pre-existing or not as severe as you claim.
Having an experienced personal injury law firm on your side levels the playing field, as it will handle communications with adjusters, negotiate fair settlements, and advise you on when to accept or reject an offer.
Settling vs. Going to Trial and Making the Right Decision for Your Case
One of the most significant decisions you’ll face in your personal injury lawsuit is whether to settle or take your case to trial.
Several factors influence this decision, including:
- Strength of your evidence and the likelihood of success at trial.
- Amount of time and resources required to litigate your case.
- Emotional toll of a lengthy legal battle.
- Risk of an unfavorable verdict or a lower award than expected.
Your personal injury attorney weighs the pros and cons of each option and guides you toward the best course of action for your unique situation.
In many cases, a well-negotiated settlement provides you fair compensation without the stress and uncertainty of a trial. However, if the insurance company refuses to offer you a reasonable settlement, your attorney may recommend taking your case to court.
Maximizing Your Chances of Winning a Personal Injury Lawsuit
Consider the following attorney-client interaction tips to give yourself the best chance of success in your personal injury lawsuit.
1. Choose the right personal injury lawyer.
Look for an attorney with a history of successful outcomes in cases similar to yours, and make sure you feel comfortable communicating openly with them.
2. Be honest and transparent with your attorney.
Share all relevant information about your case, even if you think it may be detrimental. Your lawyer can help you overcome potential challenges and develop a strong strategy.
3. Follow your attorney’s advice and recommendations.
Your legal counsel has the experience and knowledge to guide you through Rhode Island’s civil litigation process and help you make good decisions.
4. Stay patient and committed throughout the legal process.
Personal injury lawsuits can take time, but you can achieve a successful outcome with persistence and a strong case.
Unlocking the Keys to Personal Injury Success
Winning a personal injury lawsuit depends on several factors, from the strength of your evidence to the severity of your injuries and the skill of your legal representation.
By understanding these key elements and working with an experienced personal injury attorney, you can significantly improve your chances of securing the compensation you deserve.
The Louis W. Grande Injury Lawyer in Rhode Island helps personal injury victims understand the state’s complex civil court rules for achieving successful personal injury claim outcomes.
Our attorneys have the knowledge, resources, and commitment to build you a strong case and fight for accountability.
We invite you to schedule a free consultation and case evaluation with our team.
And together, we’ll explore your options and work towards securing the justice and settlement award you deserve.
Author Bio
Louis W. Grande is a Providence personal injury lawyer who founded his Rhode Island law firm of the same name in 2010. With more than 32 years of experience practicing law, he has successfully represented clients in a wide range of legal matters, including car accidents, premise liability, dog bites, medical malpractice, product liability, and other personal injury actions.
Louis received his Juris Doctor from the Hamline University School of Law and is a member of the Rhode Island Bar Association. He has received numerous accolades for his work, including being awarded Lifetime Achievement in 2017 by America’s Top 100 Attorneys and being named among the Top 100 Trial Lawyers and Top 25 Motor Vehicle Trial Lawyers in 2017.
