What Are the Chances of Winning a Personal Injury Lawsuit?

After suffering an injury caused by another, you may consider taking legal action. One of the questions most individuals seeking legal assistance have is “what are the chances of winning a personal injury lawsuit?”

Many factors impact personal injury cases and chances of winning, but there are also helpful steps to take to get on the path to success with your case.

Personal Injury Lawsuits Explained

If an individual or entity causes you harm, you may be eligible to file a personal injury lawsuit

Personal injury law exists to protect those who suffer injuries due to another party’s action or inaction. Because sustaining injuries in an accident can affect your health, well-being, and finances, it is only right to be able to hold the liable party accountable for their actions and pursue financial recovery.

Many different types of accidents and incidents can result in a personal injury, including the following:

All of these accidents have the potential of leaving victims facing extensive injuries. Therefore, a personal injury claim can help victims recover compensation for their losses.

Factors Affecting Personal Injury Lawsuits

Several factors affect personal injury lawsuits and your ability to win your case. The following are some of the most important details to consider. 


To potentially pursue a personal injury case and win, you’ll need to establish a party’s liability. Without proving the other party’s liability, you will likely not be able to recover financially. 

A majority of personal injury cases arise out of negligence. To establish the other party’s negligence, you’ll need to satisfy certain elements, including:

  • The other party owed you a duty of care
  • The other party breached this duty of care
  • Their breach was the cause of your accident
  • You suffered injuries and other losses

For example, if another driver caused a collision due to distracted driving and you sustained injuries, you’d have to prove:

  • The other driver owed you and other drivers a duty to drive responsibly
  • The other driver breached this duty by engaging in distracted driving
  • Their breach caused your crash
  • You suffered injuries and other financial losses

Without proving the other party’s liability, your chances of winning a personal injury lawsuit decrease considerably. 

Additionally, if you contributed to your accident in some way, this could affect your recovery. Under California’s pure comparative fault law, you may still be able to recover, even if you contributed to your accident. However, your recovery will depend on your percentage of fault.

For example, if you are 25% at fault and your recovery is $100,000, you’ll receive $75,000. While you can still win a personal injury case, shared fault can have an impact on your total recovery.


To pursue compensation in a personal injury lawsuit, you’ll have to prove you actually suffered damages. Damages frequently include your injuries and other losses related to your injuries.

Damages for personal injury lawsuits are either economic or non-economic and often include the following:

  • Medical expenses
  • Rehabilitation costs
  • Lost wages
  • Loss of earning potential 
  • Pain and suffering
  • Emotional distress
  • Permanent disfigurement
  • Loss of consortium

If you do not suffer any tangible or intangible losses in an accident, you won’t be able to seek financial recovery from the other party. 


Evidence plays a substantial role in personal injury cases. Strong evidence can help prove many of the details you need for a personal injury lawsuit, including cause, liability, and damages.

Some of the most important pieces of evidence used in personal injury cases include:

  • Police reports
  • Medical records
  • Photos and video
  • Bills related to your accident
  • Witness testimony

Having the right evidence can significantly increase your chances of winning a personal injury lawsuit. 

Tips to Strengthen Your Personal Injury Case

What you do after an accident can positively or negatively impact your chances of winning a personal injury lawsuit.

To strengthen your case and your chances of winning, you should:

  • Gather as much evidence and documentation as possible
  • Seek medical attention right away
  • Complete medical treatment
  • Avoid speaking with the other party’s insurance company

Finally, you should consider hiring a personal injury lawyer and taking legal action as soon as possible, as there is limited time to do so. 

Hiring a Personal Injury Attorney Increases Your Chances of a Successful Outcome

In a majority of cases, having a personal injury lawyer handle a case yields much better results than going at it without one. Personal injury attorneys know the law and procedures relevant to your case, and they can use their knowledge and experience to help protect your rights and pursue maximum compensation on your behalf.

If you want to strengthen your chances of winning a personal injury case, consult with a personal injury attorney right away.

Since 1992, our personal injury attorneys at the Pines Salomon Injury Lawyers, APC. have been fighting for the people of San Diego. Now, when those injured in automobile accidents – including cartruck, and motorcycle accidents – need financial help, or for the families that need to know that the loss of a loved one could have been prevented, there is a personal injury law firm in San Diego that is on their side. If you or a family member has been injured, call the lawyers at Pines Salomon Injury Lawyers, APC. There’s never been a better time than right now to speak to a personal injury attorney—FREE of charge. Call us at 858-551-2090 or request a free consultation online today!