In Indiana, individuals injured due to another person’s negligence have the right to seek compensation. Under Ind. Code § 34-51-2-5 et seq., injured parties can recover damages as long as they are found to be no more than 50% at fault. However, any compensation awarded will be reduced by the percentage of fault assigned to them.
So, what are your actual chances of winning a personal injury lawsuit? While filing a claim is an important first step, it doesn’t guarantee a successful outcome. Below, we’ll look at some statistics about personal injury claims and how victims of negligence can improve their chances with guidance from the experienced Indiana personal injury lawyers at Blackburn Romey.
The vast majority of personal injury claims get settled outside of court before trial. The Law Dictionary reports that 95% of personal injury cases nationwide are settled outside of court. That means only around 5% go to trial or are disposed of through other means (dismissals or default judgments).
In other words, personal injury claimants are much more likely to resolve their cases through settlement agreements rather than trials. That’s because taking cases to trial involves the risk of loss for both parties. Defendants might be motivated to settle when their liability is clear. Plaintiffs often decide to settle to recover fair compensation amounts and avoid the risk of losing their case.
According to Forbes, auto accident claims have the highest success rate at trial at 61%. Conversely, the American Medical Association reports that 68% of medical malpractice claims are dismissed or withdrawn, and defendants win 88% of those that go to trial.
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Each personal injury case is unique, and the chances of winning a personal injury lawsuit depend on the particular facts and circumstances involved in an individual case. However, the following factors can impact a plaintiff’s chance of winning a lawsuit.
Plaintiffs who suffer severe injuries are more likely to win their claims and recover larger settlements or verdict awards. Juries and courts evaluate the injury’s severity, medical expenses, future medical treatment needs, rehabilitation costs, and other damages when determining how much to award.
Plaintiffs have the burden of proof in personal injury cases and must present evidence to prove each of the following negligence elements:
To win a claim, plaintiffs must gather and present strong evidence. Some types of evidence that might be necessary include:
While police reports aren’t generally admissible as evidence at trial, they provide critical details for attorneys to use for investigative purposes.
While it’s possible for plaintiffs to represent themselves in personal injury cases, it’s not advisable. Most people lack the requisite legal background, negotiation skills, and procedural knowledge to successfully recover fair compensation.
The quality of a personal injury lawyer is likewise important. An experienced attorney with a successful track record in these types of cases is more likely to secure fair compensation for their clients than inexperienced counsel.
In Indiana, a plaintiff’s award will be reduced by the percentage of fault attributed to them under Ind. Code §§ 34-51-2-5 and 34-51-2-6. If a plaintiff is partially at fault for their accident and injuries, they might still recover compensation. However, any award will be reduced proportionally. If the plaintiff is found to be more than 50% at fault, their recovery will be barred.
For example, if a plaintiff’s total damages award is $100,000, but the jury finds them to be 40% at fault, their net verdict will be $60,000. If they are found to be 51% at fault, they won’t recover anything.
Insurance companies often try to assign more fault to the plaintiff to try to reduce or avoid paying damages. An attorney who is knowledgeable about insurance company tactics can gather strong evidence to show the defendant’s clear liability and combat the defense arguments.
In some cases, expert testimony will be necessary and can significantly increase the chances of winning at trial. Experts are commonly used in complex cases and those involving severe injuries to help jurors understand the issues.
A plaintiff’s actions following an accident can affect their chances of winning their claim. For example, if a plaintiff fails to seek medical treatment immediately after an accident, the insurance company will likely try to argue that their injuries were caused by an intervening event. Similarly, failing to continue treatment can result in the insurance company arguing that their injuries are not as severe as the plaintiff claims.
Another common issue occurs when the plaintiff agrees to speak to the at-fault driver’s insurance company. Insurance companies are for-profit businesses and will try to use a plaintiff’s statements against them. It’s best for an accident victim to politely tell the insurance company that they want to speak to a lawyer first and then let the attorney handle all communication for them.
In general, Indiana personal injury plaintiffs have roughly a 50% chance of winning their cases at trial. However, most of these cases are settled outside of court before trial through settlements. According to some industry estimates, around 95% of personal injury cases are settled outside of court before trial.
To increase your chances of a successful lawsuit, take the following steps:
Suffering injuries because of the negligence of another party can be devastating. However, injured victims might be able to recover compensation by filing a personal injury lawsuit.
Ready to see where your case stands? Call Blackburn Romey at (260) 422-4400 or request your free consultation here.
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Lafayette Personal Injury Lawyer
Blackburn Romey founding partner Tom Blackburn graduated with honors receiving a degree from Indiana University at the Robert H. McKinney School of Law. Initiating his legal career in 1977, he has been active in practicing law and currently serves as a member of the Indiana State Bar Association on the Ethics and Advertising Committees, the American Bar Association, the American Association for Justice, as a board member at the Indiana Trial Lawyers Association, and as an appointed member of the Executive Committee for the State of Indiana for the National Trial Lawyers Association.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Tom Blackburn, who has more than 47 years of legal experience, including over 39 years specializing as a personal injury attorney.
