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What Are the Chances of Winning a Personal Injury Lawsuit?

People who sustain a personal injury in Des Moines, IA tend to wonder whether it’s better to file a lawsuit right away or not. In any case of personal injury, people should talk to a legal professional to assess their options. 

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A common question from personal injury victims is “What are the chances of winning a personal injury lawsuit?” The answer depends on the case since many factors can influence the outcome. This page contains every detail about how someone can increase their chances of winning this lawsuit type with a Des Moines injury attorney.

Filing Injury Claim

When Can Someone File a Personal Injury Claim?

A personal injury claim refers to a legal dispute that happens when someone suffers an injury that was allegedly caused by someone else on accident. There are several common accidents in the U.S., including the following:

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  • Car accidents.

  • Workplace injuries.

  • Burns.

  • Drowning.

  • Animal bites.

  • Slips and falls.

  • Bike accidents.

  • Drug overdoses.

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It’s important to note that a personal injury in Des Moines, IA can lead to many consequences, such as physical and mental damages, lost wages, lost quality of life, and more. If a person suffered a personal injury of any kind, and it was caused by the negligence of someone else, they’re legally entitled to filing a lawsuit for personal injury and receive compensation for the damages.

Do Personal Injury Cases Go to Trial?

According to the U.S. Department of Justice, approximately 95% of personal injury claims get to a final settlement before going to trial. However, cases that go to trial often end in unfavorable results for the victim.

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Personal injury cases go to trial when the victim and the insurance company can’t come to an agreement for the final settlement. Considering insurance companies often have more resources to manage these cases, the best thing the victim can do is contact a personal injury lawyer.

What Affects the Odds of a Personal Injury Case?

As mentioned before, many factors can influence how a personal injury case goes. It’s important to note there aren’t guarantees of winning a personal injury case unless there’s strong evidence that the at-fault party caused the injury.

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In every case, the victim’s goal is to receive compensation for the damages caused by the negligent party. However, not everyone receives fair compensation for their damages. To “Win” a personal injury case, the victim should aim to win an amount of compensation that covers all the medical expenses and material losses, as well as an additional amount to help them get their life back on track.

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Here’s a list of some of the most common factors that influence the odds of winning/losing a personal injury case in Des Moines, IA:

Working With Lawyer

Working with a Personal Injury Lawyer

While someone can represent themselves in a personal injury case, it’s not recommended for maximizing the chances of winning it. When someone sustains a personal injury in Des Moines, IA, they need an experienced lawyer to investigate the circumstances of the accident thoroughly.

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In essence, a personal injury lawyer can help the victim understand their legal rights, as well as create a legal plan to win the case. People who go for a personal injury lawyer to represent them in a case have a much more likely chance to win.

Gathering Enough Evidence

Evidence is key to winning a personal injury case. It’s important to note the victim must prove the other party’s negligence to receive fair compensation for damages. In case the victim doesn’t have enough evidence to support their claims, they’re likely to lose the case.

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Anything that can be used to prove the other person’s negligence can pass as evidence, such as pictures of the scene, testimonies, dashcam video footage, and more. Talking to a personal injury lawyer can help the victim know what they can use as evidence.

Checking Whether the Negligent Party Has Insurance to Cover the Damages

In most cases, the negligent party is going to pay for the damages through their insurance company since they don’t have enough money to cover them directly. However, if the person doesn’t have insurance, it may be more difficult for the injured person to receive fair compensation.

Bottom Line

There’s no clear answer as to what the chances are of winning a case of personal injury in Des Moines, IA. However, there are many guidelines the victim can follow to increase their chances of getting fair compensation.

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The most important thing is getting professional, legal help from a personal injury lawyer since they have all the tools to help the person build a strong and effective case.

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