Chances of Winning a Personal Injury Lawsuit & How to Maximize Them

The Short Answer…

If you’re wondering about your chances of winning a personal injury lawsuit, most personal injury cases (around 95%) settle before trial, and if yours does go to court, your chances of winning vary depending on your situation.

But here’s the truth: with the right steps and the right lawyer, you can greatly improve your odds. At Braker White, we’ve helped countless Texans recover full and fair compensation by building strong cases and fighting back against insurance companies that try to pay less than what’s fair. Learn more below about what affects your chances of winning a personal injury lawsuit and how the right legal team can help you take control of your case and your future.

Key Takeaways

• Most personal injury cases settle out of court through negotiation, avoiding the time, stress, and unpredictability of a trial.
• Trials may be necessary when the insurance company refuses a fair offer.
• Several key factors affect your chances of winning your injury lawsuit, including the quality of evidence, severity of injuries, insurance company behavior, and your choice of legal representation.
• There are smart steps you can take to strengthen your claim, like seeking medical attention immediately, keeping detailed records, and hiring a lawyer early.
• Settling isn’t “giving up”—it’s often a smart strategy to recover fair compensation, especially with a skilled attorney negotiating on your behalf.
• You don’t have to face this process alone. The right legal support gives you clarity, confidence, and a real chance at success.

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How Many Personal Injury Lawsuits Settle vs. Go to Trial?

When you’re hurt and considering a lawsuit, it’s natural to wonder how your case might be resolved. The truth is, most personal injury claims are settled out of court through negotiations between your lawyer and the insurance company. This means you agree on a compensation amount without having to go before a judge or jury.

Settlement can be a smart option because:

• It usually takes less time than a trial.
• It’s less stressful and more predictable.
• You don’t have to worry about the risks of a courtroom decision.

However, some cases do go to trial, especially if the insurance company refuses to offer a fair amount. Trials can be more complex and take longer, but sometimes they’re necessary to get the full compensation you may be entitled to.

The best outcome depends on your specific case. An experienced personal injury lawyer can evaluate your situation and guide you toward the best path, whether that’s accepting a fair settlement or fighting for more in court. Either way, your goal is the same: to recover full compensation for your injuries and losses. With the right legal team by your side, your chances of success go way up.

8 Factors That Affect Your Chances of Winning a Personal Injury Lawsuit

No two personal injury cases are exactly alike, but certain factors can heavily influence whether your case ends in a fair settlement or goes to trial. Understanding these elements early on can help you avoid costly mistakes and put you in a better position to win your personal injury claim.

Here are the key factors that could impact your case:

1. Quality of Evidence

Strong evidence is the foundation of a winning case. This includes medical records, accident reports, witness statements, photographs, video footage, and documentation of your expenses. The clearer the connection between your injuries and the accident, the stronger your claim.

2. Clear Liability

If it’s obvious that the other party was at fault—such as a rear-end car accident or a slip on a wet floor with no warning signs—your chances of winning increase. But if fault is unclear or shared, your lawyer can work to prove your side and reduce your liability.

3. Severity of Injuries

More serious injuries typically lead to higher compensation, but they can also lead to tougher fights from insurance companies. Clear, well-documented medical treatment and expert testimony can help show the full extent of your injuries and their long-term impact.

4. Insurance Company Tactics

Insurance companies are not on your side. Their goal is to protect their bottom line, not to help you recover. They may downplay your injuries, delay the process, or offer lowball settlements. A knowledgeable lawyer can see through these tactics and push back effectively.

5. Credibility of Witnesses

Witnesses who support your version of events can strengthen your claim, especially if they are neutral third parties. Expert witnesses, such as doctors or accident reconstruction specialists, may also help explain complex issues to a jury or insurance company.

6. Your Actions Post-Accident

What you do after the accident matters. Delaying medical treatment, skipping appointments, or posting about your case on social media can all hurt your credibility. Follow your doctor’s advice and avoid giving the insurance company reasons to question your claim.

7. Where the Case Is Filed (Jurisdiction)

Some jurisdictions tend to favor injury victims more than others, and local laws can vary. Even the judge or jury you get assigned can make a difference. That’s why having a local attorney who knows the courts and legal climate can be a real advantage.

8. Your Legal Representation

Having an experienced personal injury lawyer can make a major difference. A good attorney knows how to build a compelling case, gather critical evidence, deal with insurance adjusters, and, if needed, fight for you in court.

The sooner you speak to a lawyer, the sooner you can start strengthening your case and increasing your chances of winning.

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6 Ways to Improve Your Chances of Winning a Personal Injury Case

If you’re wondering how to win your personal injury claim, it starts with smart actions and avoiding costly mistakes from day one. What you do immediately after your injury, and in the weeks that follow, can either help build a strong case or weaken your chances of receiving the full compensation you may be owed.

Here are 6 ways to improve your odds:

1. See a Doctor Right Away

Getting prompt medical attention does more than protect your health—it also creates a paper trail. If you wait too long to see a doctor, the insurance company may argue that your injuries weren’t serious or weren’t caused by the accident. The sooner you’re evaluated, the stronger the link between the accident and your injuries.

2. Keep Every Record

Hold on to everything. This includes medical bills, receipts for medications or medical equipment, pay stubs showing lost income, repair bills, and written notes about your pain or how the injury affects your daily life. Detailed records give your lawyer the tools to prove the full value of your claim.

3. Avoid Posting Online

Social media can damage your case, even if your posts seem harmless. A photo of you smiling at a friend’s birthday party could be used to argue that your injuries aren’t serious. Insurance companies and defense lawyers often review social media to look for anything that might cast doubt on your suffering. When in doubt, stay offline or make your accounts private.

4. Don’t Sign Anything Without Legal Help

Insurance adjusters may pressure you to sign a settlement agreement or give a recorded statement. Don’t do it. Once you sign, you may lose the right to pursue further compensation, even if your injuries worsen later. Always talk to a personal injury lawyer first so you know what you’re agreeing to.

5. Call a Lawyer Early

The sooner you involve a personal injury attorney, the better your chances. A lawyer can help you avoid mistakes, deal with insurance companies, gather strong evidence, and start building a case that puts pressure on the other side to offer a fair settlement. Waiting too long could mean missing deadlines or losing valuable evidence.

6. Stay Organized and Involved

Winning a personal injury lawsuit isn’t a hands-off process. You can help your lawyer by keeping communication open, showing up to medical appointments, responding to requests for documentation, and staying organized.

Why Most People Settle (And Why That’s Not a Bad Thing)

When people think of lawsuits, they often picture dramatic courtroom scenes. In reality, most personal injury cases are resolved through settlement negotiations, and that’s usually a smart move for injured victims.

Settling a case means both sides agree on an amount of compensation without going to trial. This doesn’t mean you’re “giving up” or accepting less. In fact, many people receive full and fair compensation through settlements, especially when they have a strong lawyer negotiating on their behalf.

The quality of your settlement depends on how well your case is built and how tough your lawyer is at the negotiation table. At Braker White, we put in the work to present clear, convincing evidence that forces insurance companies to take your claim seriously.

Working With Braker White Can Improve Your Odds

The choices you make after your accident can shape the outcome of your case, and one of the most important decisions you’ll make is who you trust to represent you.

At Braker White, we bring decades of experience, deep knowledge of Texas personal injury law, and an unshakable commitment to fighting for everyday people—not big insurance companies. We’ve helped injury victims across Midland, Odessa, and West Texas recover the money they need to heal, rebuild, and move forward.

Here’s what sets us apart:

• Texas trial experience: We know the local courts, judges, and legal processes that can influence your case.
• Aggressive negotiation tactics: We don’t let insurance companies push our clients around.
• Trial-ready representation: While we work to settle for the best possible outcome, we’re always prepared to take your case to court if needed.
• Client-first approach: You’ll never feel left in the dark. We communicate clearly, answer your questions, and keep your goals front and center.
• You don’t pay unless we win: We work on a contingency fee basis, so there’s no risk to you. If we don’t win, you owe us nothing.

We understand what you’re up against—pain, bills, stress, and uncertainty. That’s why we take on the legal burden so you can focus on healing. From day one, we’re in your corner, fighting to maximize your potential compensation and improve your chances of winning.

Ready to Take the First Step?

If you’ve been injured in an accident and you’re serious about getting the best result possible, don’t face it alone.

Let Braker White help you understand your legal options, protect your rights, and build the strongest case possible. Contact us today for a free, no-obligation case review. The sooner you reach out, the sooner we can help you fight for the justice you deserve.