If you have been injured in an accident that was not your fault, the best course of action is always to secure the support of legal counsel. With an experienced personal injury lawyer, you stand the greatest chance of achieving a fair compensatory settlement. However, you may find yourself asking: what are the chances of winning a personal injury lawsuit? You may be surprised to find out that over nine out of ten personal injury lawsuits are settled with compensation before they even reach the courts of trial. We will include all the information you need for understanding and improving your chances of winning a personal injury lawsuit below.
Here at The Law Place, our personal injury lawyer team has amassed 75 years of combined experience, maximizing the compensation you could receive. Unlike other law firms, all of our attorneys will lend their specific skills and experience to your case – so that you have the most solid case possible. To begin the process, call our Florida office for a free consultation and case evaluation. This will all be at no obligation and completely confidential, with our phone lines open around the clock.
For more information and to receive free, impartial legal advice from an experienced team of personal injury lawyers, call (941) 444-4444 today!
Going to Court: Understanding the Process in Personal Injury Lawsuits
It’s important to note that the majority of personal injury cases are settled out of court through negotiations between legal representatives and insurance companies. This is often the preferred route, as it reduces the time, costs, and uncertainties associated with a trial. However, if a fair settlement cannot be reached, going to court may be the best option to seek the compensation you deserve.
Preparing for Court
If your case proceeds to trial, your legal team will begin by preparing your case thoroughly. This involves gathering all necessary evidence, including medical records, expert testimonies, and witness statements, to build a strong argument on your behalf. Your attorney will also prepare you for what to expect, including how to present yourself and how to answer questions effectively during cross-examination.
The Trial Process
A personal injury trial typically involves several stages: jury selection, opening statements, presentation of evidence, witness testimonies, closing arguments, jury deliberation, and finally, the verdict. Throughout the trial, your attorney will advocate on your behalf, aiming to prove the other party’s liability and the extent of your injuries and losses. The goal is to convince the jury or judge of the validity of your claim and the need for fair compensation.
The Role of the Jury
In a personal injury trial, the jury plays a crucial role. They are responsible for evaluating the evidence presented, determining the facts of the case, and deciding whether the defendant should be held liable for your injuries. If they find in your favor, they will also determine the amount of compensation you should receive based on the damages you’ve suffered.
Going to court can lead to different outcomes. If the jury sides with you, you may be awarded compensation that covers medical expenses, lost wages, pain and suffering, and other damages related to your injury. However, if the jury finds in favor of the defendant, you may not receive any compensation. It’s also possible for the court to find partial liability, in which case the compensation may be adjusted according to each party’s degree of fault.
The Importance of Legal Representation
Having experienced legal representation is invaluable, especially if your personal injury lawsuit goes to court. A skilled attorney can navigate the complexities of the legal system, present your case effectively, and argue for maximum compensation. They understand the nuances of personal injury law and have the experience needed to handle the unpredictable nature of a trial.
Who May Be Responsible for a Florida Personal Injury Claim?
The world is a dangerous place, and there are many accidents that can lead to a situation where you are entitled to raise a personal injury claim.
If you were injured due to the fault of another person or party, it is likely that an experienced attorney may be able to achieve you a fair settlement offer.
These other parties may include:
- Other civilians.
- Your employer.
- Medical establishments.
- Commercial establishments and other businesses.
- Governmental agencies.
As long as another person or party violated their duty of care to you in a way that constitutes negligence under Florida Statute 768.81, you could be entitled to compensation.
The Most Common Causes of a Personal Injury Claim
There are a number of situations that most commonly lead to personal injury cases.
The situations most commonly seen by our legal team which result in personal injury claims are as follows:
- Car accident cases, including those involving bicycles, motorcycles, trucks, or other delivery vehicles.
- Slip and fall injuries or other types of property negligence as defined under Florida Statute 768.075.
- Injuries that occur in the workplace due to employer negligence.
- Injuries occurring due to defective products.
- Medical malpractice cases.
- Animal bites.
- Various incidents, such as those caused by fire, choking, or drowning.
However, even if your situation wasn’t listed above, this does not mean that the odds of winning your personal injury case will necessarily be lower.
The best way to find out what to expect from your legal journey, including the odds of winning, is to contact a personal injury attorney from our law firm for a free consultation today. We will be able to explain everything to you in plain and impartial terms, all at no obligation whatsoever.
Common Complications That Accompany a Personal Injury
When it comes to personal injury cases, the injured person often has to deal with much more than just the physical aspect of their injury.
There are many complications that come with personal injuries, from financial to emotional to quality of life.
The following are the ones most commonly seen by our personal injury attorney team:
- Financial problems often resulting from expensive medical bills or extensive property damage.
- Mental health complications, including post-traumatic stress disorder, anxiety, depression, and sleep disorders.
- Problems retaining employment due to requiring time off work to recover or lost wages as a result of this.
- Being unable to perform or even enjoy the same activity you did before the accident, thus impacting your enjoyment of life.
- Disabilities, which can range from physical disabilities like mobility or impairment to mental/emotional impairments that can commonly result from a head injury.
- Disfigurement and scarring, which can greatly impact an injured party’s confidence or the way they are perceived by society.
Each of these complications will fit into specific categories, known as damages. When filing a personal injury claim, your attorney will be able to claim for all of the issues that are applicable to your situation. We will cover these individual categories in more detail further on in the article.
How Can You Know the Odds of Winning a Personal Injury Lawsuit?
The first thing to know is that with the backing of the correct personal injury lawyer, your chances of winning a personal injury case are much more likely than the chances of it being unsuccessful. In fact, more than nine out of ten cases are able to be settled for compensation before the case even reaches court.
The most important contributing factor to the chances of winning a personal injury lawsuit is the strength of your case. The strength of said case will depend on how much evidence you have to support the version of events you put forward in your claim.
Whether or not you have access to a quality personal injury lawyer will usually be the make or break for your case. Not only will they help to collect and collate all of the necessary evidence into a strong case, but they will also help you along at every step of the process to avoid any errors that would impact your settlement amount.
They will also be able to help take personal injury claims through the court system and to trial in cases where this is necessary, or an insurance company is unable to pay out the fair amount.
To know the rough odds of your personal injury lawsuit outcome, contact one of our Florida attorneys today for a free consultation.
How Your Insurance Company Can Impact Your Personal Injury Claims Process
It probably won’t come as a surprise to many of you that, in the event of a personal injury case, your insurance company is not on your side.
This is quite simply because the less they payout for your settlement, the better the situation is for them. Most insurance companies will even have dedicated attorney teams and claims adjusters to prevent you from getting the level of compensation you deserve.
Usually, an insurance company will employ all sorts of dirty tricks to avoid paying out your compensation settlement. They may attempt to draw out the process for a long time or simply be unreasonable and refuse to award you a fair settlement.
Again, your best chance of fair treatment and an acceptable outcome settlement-wise is by using personal injury attorneys. We can help you take your insurance company to court or simply help to negotiate a fair settlement amount.
How to Handle Your Insurance Company to Ensure the Compensation You Deserve
There are two main tricks that insurance companies could pull that will impact your claim amount whether you have an attorney or not.
The first is using the mandatory phone call that you are obliged to make to report your injury to pump you for unnecessary details. Your insurance company may try to take advantage of your shaken, anxious, or adrenaline-fueled state to get you to answer non-obligatory questions.
With every piece of unnecessary information you give your insurance company, you could be lowering your settlement outcome. It is best to speak to your attorneys beforehand and be aware of what exact information you are obliged to disclose and what you are not.
In the same vein, you should absolutely never sign anything given to you by your insurance company without a lawyer there alongside you to ensure everything is above board.
What You Can Do to Maximize the Chances of Your Personal Injury Lawsuit Being Successful
While your attorney will take care of most of the collection and compilation of evidence for you, there are a few things that you can do to help ensure your case is as successful as possible.
If possible, and if applicable to your accident type, you should try to ensure that you do the following:
- Take Photographs – Pictures from the scene of the accident make invaluable evidence. Luckily, most people carry high-quality cameras within their mobile phones everywhere they go. Try to get pictures of everything at the accident scene, especially anything that will be proof of the negligence of the at-fault party. Furthermore, take photographs of your injuries at every significant stage in your recovery.
- Collect Details – It is important that you collect all of the possible details no just from at-fault parties but also from eye-witnesses. If you were involved in a car accident, ensure you take down all car registration numbers available also.
- Never Admit Fault – As much as it might be your instinct to be polite and admit a little bit of fault, Florida’s comparative fault laws mean that this could directly impact your settlement amount. You never know when the dashcam or CCTV of a defendant might still be recording.
- Seek Medical Attention Immediately – Not can many seemingly minor injuries turn out to be deadly. Under Florida Statute 627.736, you must seek medical attention within 14 days if you wish to make a personal injury claim.
- Retain all Medical Bills – In order for your settlement to include damages for medical treatment expenses, you will need to retain a copy of your receipts for use as proof.
- Retain Employer Correspondence – If you are seeking compensation for wages lost due to time spent off work while recovering, keep a copy of your emails or other correspondence with your employer detailing this.
- Seek a Copy of Your Medical Records – Insurance companies could try to pass off the long-term impacts of your injuries as pre-existing conditions. Having a copy of your medical records to hand can help to prevent this tactic.
- Seek Legal Counsel as Soon as Possible – Every day that passes without you securing the assistance of a lawyer makes your chances at maximizing your settlement slimmer. You don’t want the legal team of the defendant or the insurance company to get a head start on securing the strongest case possible.
If you are in a position where some of these courses of action are no longer available to you, for example, if you are claiming for an accident that happened last year, don’t worry.
The Law Place has access to trusted teams of Florida personal investigators to help track down eye-witnesses and other hard-to-find evidence. For those who suffered in auto accidents, we also have access to car accident recreation teams to gain more insight into the events that caused your injuries.
What Is the Average Payout for a Personal Injury Claim?
Unfortunately, as there are just so many variables when it comes to filing a personal injury lawsuit, it is impossible for us to give a generalized answer to this question here.
The amount you can expect as payout for your personal injury case will depend on a whole range of factors. Generally speaking, the more severe the injury and the more serious the consequences and complications, the greater the level of compensation. You can also expect to receive more compensation if your injuries lead to life-altering conditions such as disabilities, traumas, or disfigurements.
Another great way to find out how much compensation to expect before you file your personal injury lawsuit is to get a case evaluation from an attorney. The Law Place offers every client and prospective client a free consultation, so we can tell you exactly how much we expect you to recover.
What Types of Damages Are Available From the Average Personal Injury Lawsuit?
Generally speaking, your personal injury lawyers will help you to recover compensation across a number of different categories called damages.
The most common damages recovered by injured parties are as follows:
- Property Damage – Which will cover any valuable possessions damaged when the personal injury occurred. This is especially useful for car accident cases, where the damaged property may prevent you from going about your life as usual.
- Medical Bills – Costs associated with medical treatment are a leading cause of bankruptcy in America today. Your attorney can fight for a reimbursement award for these financial damages.
- Lost Wages – If you are forced to take time off work to recover from your injuries, you may not be paid for this. These damages will seek reimbursement for income lost as a result.
- Pain and Suffering – These damages calculate an economic figure from the duration and pain level of the recovery process. Pain and suffering damages also award extra compensation for life-altering complications, such as disabilities.
- Wrongful Death – If you have lost a loved one because of the negligence of another party, these damages will take into account your loss of consortium, the lost household income, and the cost of burial and funerary costs. These can go a long way towards ensuring that your grieving process is as free from complications as possible.
How Long Do You Have to File a Lawsuit for a Personal Injury Case in Florida?
In Florida, all personal injury cases are covered by what is known as the statute of limitations. This is basically the amount of time that can elapse before you are no longer eligible to make a claim. In Florida, this time limit is two years.
How Much Will a Lawyer From The Law Place Cost You?
When it comes to filing a personal injury lawsuit, many people are put off securing effective legal counsel because of preconceived ideas about how much they will cost. This is understandable, considering how the time after an accident is often fraught with financial anxiety.
However, we are pleased to inform you that all of the personal injury and accident work undertaken by our law firm is conducted on a contingency basis.
This means that your personal injury case will be no-win-no-fee, whether you have to go to trial or not.
If your claim is successful, all the legal fees will only be subtracted from the final winning settlement. If your personal injury lawsuit is unsuccessful for any reason, you won’t have to pay a cent.
Here at The Law Place, we whole-heartedly believe that when it comes to compensation for accidents that weren’t your fault, there should be no risk involved. That’s why all our contingency work is monitored by The State Bar Association, so you don’t have to fret about the possibility of hidden costs and fees.
What Are My Chances of Winning Personal Injury Lawsuit? FAQ
What factors affect the chances of personal injury victims winning their lawsuit?
The success of a personal injury lawsuit depends on several factors, including the clarity of the other party’s liability, the quality and availability of evidence, the extent and documentation of the suffered injuries, and the guidnace of the legal representation involved. Understanding personal injury law and presenting a well-documented case significantly impact the outcome.
How does the nature of my injuries affect my personal injury lawsuit?
The nature and severity of your injuries play a crucial role in a successful personal injury lawsuit. Documented medical expenses, the need for ongoing medical care, and the impact of the injuries on your life all contribute to determining fair compensation. The more severe and well-documented your injuries are, the clearer the need for substantial compensation becomes.
What role does proving the other party’s liability play in my case?
Establishing the other party’s liability is fundamental to winning a personal injury case. You must prove that the other party was negligent or directly responsible for the incident that led to your injuries. Clear evidence of negligence or fault significantly increases your chances of a successful outcome.
How can legal representation influence the outcome of my case?
Having skilled legal representation can dramatically increase your chances of winning a personal injury lawsuit. Experienced attorneys understand personal injury law intricacies, can navigate the legal system effectively, and know how to negotiate with insurance companies and opposing counsel to secure maximum compensation for accident victims.
What types of compensation can I seek in a personal injury lawsuit?
In a personal injury lawsuit, you can seek compensation for various damages, including medical treatment costs, lost wages, pain and suffering, and other related expenses. A successful personal injury lawsuit aims to cover all medical costs incurred and compensate for any long-term effects of the injuries.
How do motor vehicle accidents differ from other personal injury cases?
Motor vehicle accidents often involve specific factors such as traffic laws, driver negligence, and liability insurance coverage, which can differ from other types of personal injury cases. The injured party must navigate these unique aspects while proving the other driver’s fault and their own damages.
What should I do if I have suffered injuries and am considering seeking compensation?
If you have suffered injuries and are considering seeking compensation, it’s crucial to document all aspects of your case, including medical care received, medical expenses, and the impact of the injuries on your daily life. Additionally, consulting with an experienced personal injury attorney can provide you with an understanding of your legal options and help you build a strong case.
How important is it to document medical treatment costs and other expenses?
Documenting medical treatment costs and other expenses related to your injury is vital for a successful personal injury lawsuit. Detailed records of medical care, rehabilitation costs, and any other financial impacts resulting from the accident provide concrete evidence of your damages and help ensure you receive fair compensation.
Can the presence of liability insurance affect the outcome of my personal injury case?
The presence of liability insurance can significantly affect the outcome of your personal injury case. Insurance policies often determine the amount of compensation available, and dealing with insurance companies can be complex. An experienced attorney can navigate these challenges and work to ensure that the insurance coverage contributes to a fair settlement for the injured party.
Contact The Law Place Today
If you have been involved in an accident that wasn’t your fault in the past two years, you should raise a personal injury lawsuit as soon as possible. You could be entitled to staggering amounts of compensation, and you will need the help of an experienced lawyer to ensure the defendant parties settle for a fair amount.
The lawyer team at our firm has racked up 75 years of combined experience fighting for the financial justice of clients just like you. You can get started on your legal journey today by making a simple call to our office to arrange a free consultation and case evaluation. We will talk you through all the specifics and expectations of your case in an obligation-free and completely confidential environment. What’s more, all our cases are no-win-no-fee, and our phone lines are open around the clock for your convenience.
For more information on how a lawyer from our firm could help you maximize your compensation award, get in touch today at (941) 444-4444!