If you're asking what are the chances of winning a personal injury lawsuit, it helps to understand how most cases are resolved. The majority don’t go to court—instead, they settle.

1. Most Cases Settle Before Trial

According to the U.S. Department of Justice, 90 to 95 percent of personal injury cases are settled out of court. This means both sides agree on a compensation amount without going before a judge or jury.

2. Why Settlements Are So Common

Settling a case avoids the time, stress, and cost of a trial. It offers a faster resolution and removes the risk of walking away with nothing. For many injured victims, especially those facing urgent financial needs, settlement is the more practical path.

3. What Happens When a Case Goes to Trial

Only a small percentage of personal injury cases end up in court. When they do, plaintiffs win roughly 50 to 60 percent of the time. While trials can lead to larger payouts, they are riskier and take much longer to resolve.

4. When Going to Trial Might Be Necessary

Your attorney may recommend going to trial if the insurance company offers an unreasonably low amount or denies fault altogether. In these situations, presenting your case in court may be the only way to fight for full and fair compensation.

Understanding how cases typically end can help you decide whether to settle or push forward. Either way, being informed puts you in a stronger position.

Best Call Funding Helps You Hold the Line

At Best Call Funding, our goal is to help you stay stable while your case develops. We support injury victims with fast, straightforward funding so you can avoid settling out of desperation and give your attorney the time to fight for what you truly deserve. 

The question “what are the chances of winning a personal injury lawsuit?” doesn't have a one-size-fits-all answer. Your odds depend on several critical factors that shape how strong your case is and how it’s likely to be resolved.

1. Liability and Evidence

To succeed, you must prove the other party was negligent. That means showing:

• Duty of care (the other party had a legal responsibility to act safely)
  
  
• Breach (they failed in that responsibility)
  
  
• Causation (their actions directly caused your injury)
  
  
• Damages (you suffered real, measurable losses)
  
  

If any of these elements are weak or missing, your case becomes harder to win. Strong evidence like photos, witness statements, and medical records plays a major role in meeting this burden of proof.

2. Type and Severity of Injury

More severe injuries tend to result in higher compensation and more leverage during settlement discussions. A broken leg with clear fault is much easier to pursue than a minor bruise with uncertain liability.

3. Jurisdiction and Legal Environment

The state and county where your case is filed can affect the outcome. Some states have laws that favor plaintiffs, while others lean more conservative. Jury attitudes and court procedures also vary widely.

4. Role of Insurance Companies

Insurance companies often make low initial offers or delay responding to pressure plaintiffs into settling quickly. A strong legal strategy can counter this and push for a better result.

5. Quality of Legal Representation

An experienced personal injury lawyer can significantly improve your odds. Skilled attorneys can double your chances of success because they know how to build solid cases, negotiate with insurers, and present effectively in court.

Statistical Breakdown by Case Type

If you're asking what are the chances of winning a personal injury lawsuit, the type of case you're pursuing plays a major role. Some claims are more straightforward, while others face tougher legal standards and require expert testimony.

Below are average win rates for common personal injury case types. These numbers offer helpful context, but your outcome will ultimately depend on your evidence, your attorney’s strategy, and the legal environment in your state.

Motor Vehicle Accidents — Win Rate: 60 to 70 Percent

These are among the most common and successful personal injury claims. Liability is often easier to prove through police reports, dash cam footage, or eyewitness statements. If you're clearly not at fault and have strong documentation, your chances of winning are significantly higher.

Premises Liability (Slip and Fall, Unsafe Conditions) — Win Rate: 40 to 50 Percent

These cases are more difficult because the burden is on you to prove the property owner knew or should have known about the hazard and failed to fix it. Photos, maintenance logs, and witness accounts can strengthen your case, but without solid proof, the odds are lower.

Medical Malpractice — Win Rate: 20 to 30 Percent

Malpractice cases are hard to win. You’ll need expert witnesses, detailed medical reviews, and a clear link between the provider’s error and your injury. Many of these cases are dismissed early or fail to meet the strict standards courts require.

Dog Bite Claims — Win Rate: 70 to 80 Percent (in strict liability states)

These cases are generally favorable to the plaintiff in states with strict liability laws. If the dog bite occurred in public or while you were lawfully on private property, and the injury is documented, your chances of winning are strong—especially if the owner has a history of previous incidents.

Wrongful Death — Win Rate: 50 to 60 Percent

These cases require proof that the defendant’s actions directly caused someone’s death. While emotionally powerful, they can be legally challenging depending on the circumstances. Clear negligence, strong documentation, and experienced legal representation are key to improving your odds.



While these averages offer insight, they aren’t guarantees. Every case is different. The strength of your evidence, your legal team’s approach, and the court’s location all play a major role in the final outcome.

How to Improve Your Chances of Winning

While no outcome is guaranteed, there are proven steps you can take to strengthen your case and improve your chances of a successful result. Here’s how to put yourself in the best position possible:

1. Document Everything

Start building your case from day one. Take clear photographs of your injuries, the accident scene, and any property damage. Collect contact information from witnesses, and keep all medical records, bills, and written communications related to the incident. The more evidence you have, the stronger your case.

2. Seek Prompt Medical Treatment

Delaying treatment can hurt both your health and your case. Insurance companies often use gaps in care to argue that your injuries aren’t serious. Some states also require you to seek care within a certain timeframe to preserve your claim rights.

3. Avoid Common Mistakes

Don’t discuss your case on social media, even casually. These posts can be taken out of context and used against you. Avoid accepting the first offer from an insurance company—it’s usually far below what your case is worth. Also, be aware of the statute of limitations in your state. Missing the filing deadline can end your claim before it starts.

4. Hire Experienced Legal Representation

Having the right personal injury attorney can make a significant difference. According to florinroebig.com, plaintiffs represented by experienced counsel are much more likely to succeed. A skilled attorney knows how to gather evidence, deal with insurance companies, and negotiate or litigate effectively.

5. Understand Comparative Negligence

In many states, your settlement can be reduced if you're found partially at fault. For example, if you're 20 percent responsible for the accident, your compensation may be reduced by 20 percent. In some states, being more than 50 percent at fault may bar recovery altogether. Knowing how this rule applies in your state is crucial.

Beyond Win Rates: The Importance of Fair Compensation

Winning your case is just one part of the equation. What really matters is whether the result actually helps you recover and move forward. Here are five key things to keep in mind when thinking about what a successful outcome should look like.

1. Winning Means More Than a Verdict

A favorable result isn’t just about a “yes” or “no” from a judge or jury. It means receiving enough compensation to cover your real-life needs—like medical bills, missed paychecks, emotional distress, and future expenses tied to your injury.

2. Your Compensation Should Reflect the Full Impact

Injury claims should account for both financial and non-financial damages. That includes things like surgeries, physical therapy, lost earning potential, and the daily pain or anxiety you may live with. A low settlement might technically count as a win, but it can still leave you struggling.

3. Strong Evidence Drives Higher Payouts

The clearer and more complete your documentation, the better. Medical records, receipts, photos, and witness statements all help show the seriousness of your injury and the losses you’ve experienced. This makes it harder for the insurance company to dispute your claim or offer less than you deserve.

4. Focus on Case Value, Not Just Winning

Some people get caught up in whether they’ll “win” or “lose” and forget to ask what the win is actually worth. A solid case with high-quality evidence and skilled legal support is more likely to lead to a result that truly helps you recover.

5. Bigger Outcomes Take Patience and Strategy

Quick settlements often don’t reflect the real value of a case. Taking the time to build a strong claim, backed by facts and the right attorney, gives you the best shot at meaningful compensation—not just a fast resolution.

How Legal Funding Can Strengthen Your Case

Pursuing a personal injury claim takes time, but your bills won’t wait. That financial pressure is one of the biggest reasons people settle too early and for too little. Legal funding helps you avoid that trap and gives your case room to grow stronger.

1. Stay Financially Stable During the Legal Process

Legal funding provides fast access to a portion of your expected settlement. It helps cover essentials like rent, groceries, or medical costs while your case is still in progress. This allows you to focus on recovery instead of daily financial stress.

2. Buy Time for a Better Settlement

With funding in place, your attorney has more time to gather evidence, strengthen your case, and negotiate for the full value of your claim. You won't feel pressured to accept the first low offer just to stay afloat.

3. No Upfront Costs or Credit Checks

Legal funding does not require a credit score, employment history, or upfront payment. Approval is based on the strength of your case, making it accessible even if you're currently unable to work.

4. Repayment Comes from Your Settlement

There are no monthly payments. The advance is repaid directly from your final settlement amount, giving you financial breathing room during your case.

Final Thoughts: Focus on Strategy, Not Just Statistics

Most personal injury cases settle before trial, with approximately 90 to 95 percent resolved outside of court. For the small percentage that do go to trial, plaintiffs win around 50 to 60 percent of the time, depending on the type of case. The key to success lies in strong evidence, experienced legal support, and having a clear understanding of your case's value.

If you're pursuing a claim, consult an attorney early and prepare thoroughly. If financial pressure is making it difficult to wait for a fair outcome, Best Call Funding can help.

Contact us today to learn how legal funding works and get the support you need.

FAQs

What’s the average payout in a personal injury case?

Payouts vary widely but often range from $3,000 to $75,000. Severe injuries with clear liability can result in significantly higher compensation.

How long does it take to win a personal injury lawsuit?

It can take anywhere from a few months to several years, depending on case complexity, injury severity, and whether the case settles or goes to trial.

Does hiring a lawyer increase your chances of winning?

Yes. Studies show that having an experienced personal injury attorney significantly improves outcomes by strengthening your case and negotiating more effectively.

Should I settle or go to trial?

Most cases settle because it’s faster and less risky. Trial may be better if the insurance offer is too low or liability is disputed.

Can legal funding affect my lawsuit?

No. Legal funding doesn’t impact your case strategy or legal standing. It simply helps cover expenses while your attorney works toward a fair settlement.