In the United States, your chances of winning a personal injury lawsuit are roughly 50%, depending on the type of case filed. For instance, a plaintiff who files a personal injury lawsuit for an automobile accident has a better chance of winning than a plaintiff who files a medical malpractice lawsuit.
The Bureau of Justice Statistics (BJS) notes that only 3% of tort cases make it to court, with personal injury lawsuits accounting for 94% of these cases. The percentage of tort cases that reach trial in the Michigan Supreme Court is even lower, at 2%. As a result, there is no up-to-date information on personal injury verdicts.
However, the following are some vital statistics from BJS on your chances of winning a personal injury lawsuit based on the type of lawsuit:
|Type of personal injury cases
|Percent of cases won by a plaintiff
|Federal employers’ liability
|Other personal injury cases
|Total personal injury cases
|Total tort cases
The Odds of Winning a Personal Injury Lawsuit
To be more specific, plaintiffs won 47.7% of tort trials in the nation’s 75 largest counties, with personal injury cases winning 47.5% of the time, according to the BJS Bulletin. And the data hasn’t changed significantly over the years.
The type of personal injury matters, but so does whether a judge or a jury will hear the case. Plaintiffs, for example, have a higher chance of winning their case in bench trials (54% chance) than in jury tort trials (46% chance). Here’s more specific data regarding personal injury lawsuits:
|Plaintiff winners in personal injury claim
The Odds of a Settlement
The likelihood of an agreed settlement is 73%, making it the most common method of disposition. Even the Michigan Supreme Court has reported that the majority of cases disposed of through settlement or consent judgment using case evaluation and alternative dispute resolution (ADR) for both tort and non-tort cases is 84%.
Factors That Determine the Chances of Winning a Personal Injury Lawsuit
Now that we’ve established your chances of winning a personal injury lawsuit, let’s go over the factors that influence your chances.
The Strength of the Plaintiff’s Case
Michigan courts are strict about negligence and liability in personal injury cases; they have adopted a “comparative negligence” rule. To establish a strong case, the plaintiff must prove they are the least at fault for their injury.
Additionally, you need to establish 4 basic elements:
- Breach of duty
The Quality of Evidence and Witnesses
Here are examples of reasons why you might lose your lawsuit due to the evidence and witnesses you present in court:
- Misrepresentation and exaggeration of documents and materials
- Suppressing information
- Social media posts or eyewitnesses who may cast doubt on your injuries
- Inadequate evidence
- Untrustworthy witness
The Plaintiff’s Attorney’s Negotiating Skills
In addition to building a solid case, the attorney should be able to negotiate and calculate damages and losses for your personal injury claim. Furthermore, the lawyer can lead an amicable settlement deal between both parties. Hence, it is preferable to have a Muskegon personal injury lawyer expert on Michigan state laws.
The Burden of Proof Needed to Win the Case
Simply put, the plaintiff must demonstrate to the court that the defendant was the primary cause of the injury.
The Location and Jurisdiction of the Case
A journal published by the University of Michigan Law noted that states such as Illinois are low-award states, while urban states such as New York are high-award states. This implies that the average value of awards can vary based on the case’s location.
The Judge or Jury’s Perception and Opinion on the Case
A study conducted by law professor Suja A. Thomas found that several judges make decisions based on their legal standards and opinions, shaped by their backgrounds.
The Ability to Settle Out of Court
An ability to agree on an out-of-court settlement could lead to a win-win situation for both parties. It saves both parties time, money, and effort. Although it’s not full and rightful compensation, the plaintiff will have guaranteed money.
Improve Your Chances With Us
Don’t set yourself up for failure searching online for “Personal Injury Attorney Michigan.” Improve your chances of winning a personal injury lawsuit by getting a skilled Muskegon Personal Injury Lawyer. Our team at Nolan & Shafer understands the importance of personal injury claims. We’ll gladly help you navigate state laws, build a strong case, and support you to victory. Call us at (231) 722-2444 or contact us here to schedule an appointment.