Chances of Winning a Personal Injury Lawsuit: Key Factors, Success Rates, and Tips for Maximizing Outcomes

By Emery Ledger on October 5, 2025

What Is a Personal Injury Lawsuit?

A personal injury lawsuit is a lawsuit you file against a person, group of people, or company you feel is responsible for your injury. It’s a huge category that includes:

• Vehicle accidents
• Workplace injuries
• Slip and fall accidents
• Medical malpractice 

If you file a personal injury lawsuit, you can claim several types of compensation:

• Medical bills
• Lost wages
• Damages

What Are the Chances of Winning a Personal Injury Lawsuit?

Consider the following statistics:

• A whopping 90% to 95% of personal injury lawsuits aren’t won in court. They’re settled.
• Plaintiffs who take their case to court win about 50% to 60% of the time.
• Your case type has a huge impact on the outcome. Car accident injury cases, for instance, have a 60% “win” rate. On the other hand, plaintiffs with a medical malpractice case only win about 27% to 37% of the time.

At the same time, stats alone don’t determine your odds of winning. Strong evidence and good lawyers will always increase your chances of getting compensation.

Factors That Influence Whether You Win or Lose

Deciding factors that make or break your lawsuit are:

• Evidence
• Liability/fault
• Good lawyers

Strength of Evidence

You need strong evidence that shows when, where, and how your accident happened. This includes:

• Medical records
• Accident report
• Witness statements
• Photos and videos
• Expert witnesses

If your evidence is weak, the other side could argue that you weren’t that badly hurt, or that your injuries were caused by something or someone else.  

Liability and Fault 

“Comparative negligence” is a term courts use to apportion blame for an accident. You’ll get more compensation if the other party is 100% at fault than you would if you were partly at fault.

Quality of Legal Representation

Hiring an experienced personal injury lawyer is a must. A good lawyer should:

• Have a winning track record
• Know how to contact expert witnesses to testify in your favor
• Be able to collect evidence that supports your case

Common Reasons Injury Victims Lose 

Avoid common pitfalls that could ruin your case before you even take it to court. 

Lack of Sufficient Evidence 

Missing or weak evidence will weaken your case. That’s why you need to:

• Start collecting evidence as soon as you can after the injury.
• Get witness names and contact information
• See a doctor as quickly as you can. Medical records prove when and how your injuries happened 

Delay in Filing the Claim

All states have laws outlining the statute of limitations for bringing a personal injury case to court. If you wait too long, you’re automatically ineligible for compensation even if you have a strong case.

Insurance Company Tactics

Insurance companies often pressure injured individuals to accept a lowball compensation offer. Alternatively, they may ask you to make statements that would hurt their case later on. 

Don’t talk to insurance companies until you’ve retained a lawyer. Then, refer all insurance questions and requests to your attorney.

Settlements vs. Trials: Success Rates  

Most personal injury cases are settled before trial, and it’s not hard to see why. A settlement provides compensation much faster than a lawsuit would. It resolves legal issues quickly so you can get on with your life.

The drawback of a settlement is that you’ll likely get less compensation than you would if you won in court. Since over 50% of plaintiffs win their personal injury lawsuits, you may want to seriously consider taking your case to court if you have strong evidence and a good legal team. 

How to Improve Your Chances of Winning

It’s a good idea to focus on improving your chances of winning, no matter how you intend to resolve your case.

Hiring the Right Lawyer

Choose a lawyer with care. A good lawyer will:

• Have experience handling your types of case
• A winning track record  

Organizing Evidence

Your evidence needs to be:

• Strong
• Clear
• Organized

Separate different records (i.e., medical records, witness accounts, expert statements, etc.) into separate folders. You should also have a folder for receipts showing expenses you incurred because of the accident.

Following Medical Advice 

Medical records show how your injuries happened. However, you also need records showing that you’ve been following your doctor’s advice. If your doctor recommends therapy, go to therapy. Take time off work if your doctor tells you to do so. If you ignore medical advice, the party you’re suing can claim that your injuries aren’t as serious as you claim.

Maximizing Your Personal Injury Settlement

Strong and detailed evidence is a must to maximize your personal injury settlement. This evidence should also be organized, so the other party can review it easily. 

Know your numbers. Understand how much you deserve. If the other side offers a low sum, ask them why they are offering that amount to better understand (and undermine) their case.

Do some research into cases similar to yours. How much did they settle for? If they didn’t settle, what judgment did they win? Bringing these up during negotiations will help the other side see you have a winning case.

You’ll need a good lawyer during negotiations. Your lawyer can help you know how to present yourself, what to say, and what types of offers to consider, build on, or dismiss outright. 

When to Contact a Personal Injury Lawyer

It’s a good idea to hire a personal injury lawyer as soon as you can after your injury. However, do a bit of research to find one who’s reliable and experienced. Hiring a good lawyer right away increases your chances of winning a personal injury lawsuit.

Conclusion

You can increase your odds of winning a personal injury lawsuit by:

• Collecting strong evidence right away
• Keeping evidence organized
• Seeing a doctor as soon as you can and following all the doctor’s instructions
• Hiring a good personal injury attorney right away

Ledger Law has experienced personal injury lawyers with a winning track record. Call us at your convenience to make an appointment. We’ll look over your claim and the evidence to back it up and then give case-specific advice to help you make smart legal decisions.

FAQs About What Percentage of Personal Injury Cases Go to Trial

How can I improve my chances of winning a personal injury case?

• Collect as much evidence as you can, as soon as you can after your accident. 
• See a doctor and follow the doctors instrcutions
• Avoid talking to insurance or the party you intend to sue until you hire a lawyer
• Find a good lawyer to take your case

What factors influence whether I win a personal injury lawsuit?

• How much and what type of evidence you have
• Meeting the deadline for filing your case
• Your lawyer’s knowledge and expertise

How important is having a lawyer in winning a personal injury case?

Having a good lawyer can spell the difference between winning and losing your case. Personal injury laws are complex, and even a small mistake can ruin your case.

Can lack of evidence cause me to lose a personal injury lawsuit?

Not having enough evidence or the right type of evidence can cause you to lose your lawsuit. Alternatively, you may win but receive less compensation than you requested.

What mistakes reduce the chances of winning a personal injury claim?

• Avoid talking to the insurance agency or the party you plan on suing without a lawyer. It’s easy to say the wrong thing or say something that can be taken out of context.
• Not hiring a lawyer fast enough is always a mistake. Evidence may be lost while you’re recovering from your injuries if you don’t have legal help to collect and preserve it. 
• Not seeing a doctor right after you’ve been injured and/or not following your doctor’s advice and recommendations.

Emery Ledger

Emery Brett Ledger brings more than 27 years of experience to personal injury law. He founded & led The Ledger Law Firm in securing over $100 million in compensation for clients with life-altering injuries & complex claims. Licensed in California, Texas, & Washington, Emery earned his law degree from Pepperdine University School of Law. His practice areas include car & truck accidents, wrongful death, catastrophic injuries, maritime claims, & mass tort litigation. He has been recognized by The National Trial Lawyers’ Top 100, Mass Tort Trial Lawyers Top 25, and America’s Top 100 Personal Injury Attorneys. Emery also received the 2025 Elite Lawyer Award & holds a perfect 10.0 Avvo rating with Platinum Client Champion status. His legal work has been featured on CNN, Forbes, NBC, & ABC.