How Hard Is It to Win a Personal Injury Lawsuit?

How Hard Is It to Win a Personal Injury Lawsuit?

After an injury, you may be wondering what battles are worth fighting. Aches and pains are already turning daily life into a series of small (or large) struggles. Maybe your pain is making it hard to sleep, only adding to the challenges you face in your normal waking hours. You may be yearning for the justice a lawsuit can bring but feel unsure about reaching out to a qualified attorney. If you do, what lies ahead? How taxing will the next steps be? 

At Nicolet Law Accident & Injury Attorneys, we want to help people understand what they can expect from a personal injury lawsuit. Many personal injury victims want justice, and many are curious about how challenging it may be to get some semblance of a victory in court. While we would need to know the specifics of your situation to give you a more specific answer, we can explain some common factors that can influence how challenging it can be to bring forward a personal injury claim. 

Do I Have A Personal Injury Case In General? 

If you were harmed due to someone else’s negligence or wrongful action, you may be entitled to compensation. Negligence can take many forms: 

• A drunk driver speeding through a red light 
• A property owner who failed to put up a warning sign about a slippery floor 
• A dog owner who didn’t take precautions to restrain their pet. 

These are just three quick examples. There are many ways that people can fail in their duty of care to others. 

If it can be proven that someone knew—or should have known—that their actions were unsafe and that their negligence directly caused your injury, you may have a personal injury case. Fault is central to these claims, and it is entirely possible for everyone involved to act reasonably yet still suffer injuries. 

If negligence is present, a personal injury case can help you recover compensation based on what your injury has cost you. This can include medical bills, lost wages, pain and suffering, and more. 

What Makes A Personal Injury Claim Challenging 

Insurance companies should never be underestimated. They have a bottom line to protect, and your personal injury claim threatens that. Insurance adjusters often comb through the details of personal injury cases for anything that can cast doubt on your injuries and/or the evidence that supports them. 

Insurance adjusters may also make initial settlement offers that fall far short of what your injury is actually worth. These offers can seem generous at first, which is why it’s important to work with a personal injury attorney who can accurately estimate the value of your claim and negotiate for a fair outcome. 

Another tactic that insurance companies may use is delaying your claim. For them, this whole matter is just business, but for you it’s personal. Your injury likely has you facing challenges on all fronts—financial, emotional, physical, and beyond. The insurance company knows that you are living in a far more different day-to-day reality than they are. That’s why working with an experienced personal injury lawyer who can advocate for you can be so vital. 

Earlier we mentioned that one of the key elements in a personal injury claim is proving a link between someone’s negligence and your injury. Another tactic the insurance company may use is redirecting the blame. Maybe there you have a pre-existing condition or make a lifestyle choice that they may target for their counterargument. They may acknowledge your pain, yes, but play devil’s advocate about the cause. 

How Claimants Can Make Their Own Case More Difficult 

Many people feel uncertain about what to do after an injury, especially when that injury seems worthy of legal action. Unfortunately, that same uncertainty can lead people to make missteps, undercutting their own case without realizing it. Here are some common actions that put people at a disadvantage: 

Failing to document their injury 

Documenting the way your injury has changed your life is a crucial effort that should begin as soon as possible. This can include keeping track of the accident reports, medication receipts, your doctor’s notes, and so on. It also goes beyond documents—photos and videos can demonstrate how your daily life has changed. 

Not following prescribed medical treatment 

Being proactive about your recovery means seeking out medical treatment and following it. Medicine is a practice, meaning that there is a chance that your body will not respond perfectly to your prescribed treatment. Talk to your doctor about your experience, from the pain you feel in the first appointment with them to how your condition progresses with time. If you are neglecting follow-up appointments or are customizing your treatment without prior authorization from your doctor, this can fuel the insurance company’s argument against compensation. Adjusters may use details like these to tell the story of how you “derailed” your own recovery. 

Being active on social media 

When it comes to personal injury cases, sharing anything on social media can prove harmful. Increasing privacy settings can be helpful, but they're not foolproof. What’s more, even if you refrain from posting or commenting on social media, someone you know might post about you. You may feel confident that the people you keep company with would not post anything, it’s a risk to be aware of. 

Not staying in steady communication with an attorney 

If you seek out legal representation, they will be working for and with you. While it can be a relief to have an experienced personal injury attorney helping you out, your responses to their inquiries help them stay on top of your case. 

Taking a settlement without looking through the fine print 

It is all too easy for anyone to underestimate how expensive their claim may be. So, when the insurance company makes an offer that seems anywhere from decent to generous, proceed with caution. An experienced personal injury attorney can give you a better idea of what your claim may be worth, including the long-term costs.  

There are often many factors in personal injury cases, and the difficulty of a specific case can depend on how events unfold. 

The Importance Of Getting A Qualified Attorney 

Reaching out to an experienced personal injury attorney can be crucial because there is a lot of ground to cover. Personal injury attorneys aren’t just bringing in their knowledge of federal and state laws, they are bringing in negotiation skills, their resources, their network of subject matter experts, and more. 

Now, the phrase “experienced personal injury attorney” may sound promising, but it can also sound expensive. That’s why it can be crucial to find a personal injury law firm that works on contingency. That means no upfront costs to you. You don’t pay unless your attorney succeeds with your case. 

Will I End Up In Court or Settle? 

You may end up in court, but statistics say you’ll more than likely settle out of court. Most personal injury cases never see a courtroom. Personal injury cases that tend to end up in court may have the following factors at play: 

• The insurance company isn’t budging on their settlement offer 
• The dispute over who was at fault continues 
• Your case is especially complex 

This is another reason why having an experienced personal injury attorney can be so important. No matter what twists and turns come up, they can be ready to advocate for you. 

Talk To An Experienced Personal Injury Lawyer Today!

The question of “how hard is it to win a personal injury lawsuit?” is a tricky one, because there are so many factors that depend on your specific circumstances. However, there are a number of ways that any injured person can strengthen their case. Getting in touch with a qualified personal injury attorney can be a significant step forward in your recovery.