Some personal injury victims hesitate when faced with the legal system. They may ponder their chances of winning a personal injury lawsuit — is it truly worth the trouble? Read on to discover the factors that tip the scales toward victory or defeat.

1. Case Approach

“Winning” varies in definition. Some view a “win” as compensation of any amount. However, our personal injury lawyers in St. Louis believe that true victory lies in securing maximum compensation. We can take two different approaches to resolve your case.

Settlements provide a quick and more certain resolution — but they are ultimately a compromise. As the injured party, you will receive compensation, but it may be less than the potential value of your claim.

Alternatively, trials pose a risk but may lead to higher compensation. The Bureau of Justice reports that only 3 to 4 percent of all personal injury lawsuits go to trial — of those, the success rate was about 50%. To succeed, you need to hire an attorney with demonstrated courtroom prowess.

2. Strength of Evidence

Legally, personal injury victims must demonstrate a duty of care, a breach of duty, causation and damages. Evidence can link the other party’s actions directly to your injuries. However, keep in mind that not all evidence is created equal.

To increase your chances of winning a personal injury lawsuit, your evidence must be detailed, credible and consistent. Presenting weak or incomplete evidence can undermine a valid case, making it harder to negotiate a settlement or succeed in a trial.

Strong evidence that a personal injury lawyer in St. Louis may use include:

• Medical records
• Police reports
• Scene photographs
• Witness statements
• Expert testimony

3. Severity of Injuries

The severity of your injuries may significantly influence the outcome of your personal injury claim.

Serious injuries, such as traumatic brain injuries, lead to higher compensation due to their medical costs, prolonged recovery periods and pervasive impact on life. Though minor injuries still warrant compensation, they may be hard to prove as life-altering. The amount of damages available is heavily dependent on your past and future medical care needs.

Our personal injury lawyers in St. Louis recommend that you document injuries extensively from the time of the incident via medical reports, photos and beyond. It is also critically important that you follow your doctor’s advice moving forward.

4. Jurisdictional Variances

Personal injury law varies depending on the location of the incident. Each state has different laws that influence your chances of winning a personal injury lawsuit, such as damage categories, damage caps and negligence laws.

For example, consider the statute of limitations. In Missouri, personal injury claims must generally be filed within five years of the injury, but the statute of limitations for medical malpractice claims is two years . In Illinois, all claims typically must be filed within two years.

Missouri also recognizes caps on non-economic damages, such as pain and suffering, whereas Illinois does not. Caps limit the amount of money you may be able to recover.

Understanding geographic implications may be challenging without an expert by your side. An attorney practicing in a given state will help you build a strategy that accounts for the specifics of your state.

5. Attorney Experience

Your choice of representation is one of the most decisive factors in your case. Experienced attorneys are more equipped to gather evidence and advocate on your behalf.

We advise that you research each attorney’s background carefully. Be sure that your attorney has years of courtroom experience to validate them. For added security, seek an attorney who specializes in your case type — whether that be medical malpractice or car crashes.

Start Your Case with Confidence

Roman & Boock’s personal injury lawyers in St. Louis are seasoned litigators ready to fight on your behalf. With decades of experience, we secure exemplary results for clients in both Missouri and Illinois.

Assess your chances of winning a personal injury lawsuit for free — contact our team for an evaluation today.