Published On: Thu, Aug 11th, 2022

How to Improve Your Chances of Winning a Personal Injury Case


Anyone can file a personal injury case. The question is, will you win? The answer to this question comes down to the strength and integrity of the case. If there are any weaknesses, you don’t stand a chance.

photo/Claim Accident Services

4 Tips for Winning Your Case

Each year, unintentional and preventable injuries are the third leading cause of death in the U.S. They also result in nearly 30 million emergency room visits per year. Common accidents and injuries include: slips and falls, motor vehicle accidents, workplace injuries, animal bites, choking, drowning, burns, broken bones, lacerations, etc.

If you’ve suffered an injury and believe that someone else is at fault, you may have a personal injury claim. But just because you have a case, doesn’t mean you’ll obtain a settlement or positive verdict. 

There are steps you must take to increase your chances of winning. Here are several helpful tips:


  • Understand These 4 Elements


In order to successfully win your personal injury claim (or get a fair settlement), you must prove the following four elements:


  • The presence of a duty. Any personal injury claim starts with the presence of a duty from the defendant toward the plaintiff. In other words, there has to be some sort of responsibility owed to the defendant. 


For example, if the defendant was walking a dog down a busy neighborhood street, he had a duty to keep his dog on a leash and prevent it from biting other pedestrians. The same could not be said if you broke into that same person’s house and the dog bit you. In the latter scenario, there’s no duty of care between the defendant and yourself. 


  • The breach of the duty. It’s not enough for there to be a duty. It must be shown that the defendant breached that duty of care.




  • An injury for the plaintiff. There has to be an injury involved for a personal injury claim to exist. In other words, just because a driver runs through a stop sign and hits your car, doesn’t necessarily mean there’s a claim to be made. There have to be injuries to justify a claim.




  • Causation. Finally, there’s the issue of causation. This is one of the most important parts of a claim. The plaintiff must prove that the injuries were caused by the defendant’s breach of duty. (If the injuries existed before the accident, the other person’s negligence might not come into play.)



If you can prove all four of these elements, you will win your case. The challenging part is that it’s not always easy to do so. The burden proof is on you, as the plaintiff, and the defendant will do everything they can to pick apart your claim. 


  • Hire an Attorney


If you’re unsure of whether or not your case satisfies each of the four criteria listed above, don’t worry. You can hire a personal injury attorney to guide you through the process of evaluating your case and filing a claim, if necessary. 

When hiring an attorney, look for someone who specializes in personal injury lawsuits in your area. It’s a good idea to find someone who has experience both inside and outside of the courtroom. (Ideally, the claim will get settled. But if it does go to court, you want to know your attorney is more than capable of winning.)


  • Follow the Statutes of Limitation


While we never recommend making rash legal decisions – like suing someone when you’re emotionally heated – it is important that you act swiftly to get the proverbial ball rolling.

As Matthews Injury Law notes, “One mistake you want to avoid is letting the statute of limitations lapse on a viable injury case.”

The statute of limitations is different in every state and jurisdiction, so make sure you do some research on the limitations in your area.


  • Gather Evidence


As you work with your attorney to build your case, do your best to gather and organize as much evidence as possible. The sooner you do this, the stronger your case will be. It’s also a good idea to identify any potential witnesses so that you can begin gathering testimony.

Give Yourself a Chance

A lot of personal injury plaintiffs unintentionally ruin their chances of winning their cases by making simple mistakes early during the process. By hiring an attorney and letting them direct the case, you can reduce the likelihood of sabotaging your claim. Good luck!

Author: Anne Johansson

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