There’s no one-size-fits-all answer. Here, our Georgia personal injury lawyer explains the factors that go into this:
- What type of case do you have?
- Is there a dispute about who’s at fault?
- Is there a dispute about whether the accident caused your injuries?
- The amount of compensation you’re asking for;
- The amount of insurance the at-fault party has;
- The county your lawsuit will go to trial in;
- Your lawyer
What type of case do you have?
Some types of cases are harder to win than others. Cases like medical malpractice cases and defective and dangerous product cases can be very hard to win because they require specialized medical and technical knowledge, require expert witnesses who can testify about how the doctor violated the standard of care or how the product was defective and are defended by some of the best lawyers in the business whose job it is to do everything they can to win the case for their client.
On the other hand, car accident cases and slip and fall cases are easier to win because there’s usually not much of a dispute about who’s at fault and the issues are not as complicated as a medical malpractice or defective and dangerous product case.
Is there a dispute about who’s at fault?
If there’s a dispute about who’s at fault, it will be harder to win your case.
In a car accident case, it’s usually obvious who is at fault. If another driver runs a red light and crashes into you, they’re clearly at fault. But sometimes it’s not that cut and dry. What about an accident where a driver makes a left turn in front of you but you’re speeding through a yellow light? That would be a harder case to win.
And if you’re partially at fault, it will be harder to win your case. The jury determines what percentage you were at fault for the accident and the judge reduces the verdict by that percentage. For instance, if the verdict is $100 and the jury finds you 25% at fault, the judge reduces the verdict by 25% to $75. But if the jury find you 50% at fault or greater, the law says you lose.
Is there a dispute about whether the accident caused your injuries?
If there’s a dispute about whether the accident caused your injuries, it will be harder to win your case.
A lot of the time, it’s obvious that an accident caused your injuries. You break your arm in a car wreck or slip and fall and break your knee and require surgery. But if you hurt your neck or back and treat for a year before requiring surgery, that would be a tougher case to win and would require testimony from your doctor that the accident caused the surgery. And if you have pre-existing conditions, such as arthritis or damaged cartilage in your knee and an accident aggravates them and makes them worse and they ultimately require surgery, you’ll need testimony from your doctor that the accident aggravated your injuries and made them require surgery.
The amount of compensation you’re asking for
If you’re seeking a very large amount of compensation for your injuries, it may be harder to win your case.
The amount of your medical bills and lost income is usually not in dispute. But the amount of compensation for your pain and suffering – the impact of your injuries on you and your family – usually is.
The amount of compensation for pain and suffering depends on how bad your injuries are and how much they affect you and your family. If a person is paralyzed or suffers a traumatic brain injury in a tractor-trailer accident, they are obviously going to be seeking a very large amount of compensation compared to someone that hurts their neck in a car accident but is better in a couple of weeks.
Jurors have very different opinions about awarding compensation for pain and suffering. Some jurors believe in it and some don’t. Some jurors are comfortable awarding large amounts of compensation for pain and suffering and some are not. You can try the same case to ten different juries and get ten very different results. So getting a verdict with a very large amount of compensation for pain and suffering can be challenging.
And if your case involves very serious injuries with a lot of money at stake, insurance companies will often fight your case harder and longer.
The amount of insurance the at-fault party has
It’s an unfortunate fact that the amount you can win in a personal injury case is often limited by the amount of insurance that the at fault party has. That’s because most people and small businesses don’t have assets to pay a verdict or settlement other than their insurance.
If you’re badly injured in a wreck but the other driver only has $25,000 in insurance, which is Georgia’s state minimum limits, you’re going to quickly recover the entire $25,000. However, it’s not going to feel like a win because there’s not enough insurance to compensate you for your injuries.
On the other hand, if the at-fault party has a significant amount of insurance or is a very large business or corporation, they’re going to have enough insurance to make sure you’re fairly compensated but may fight your case harder because there’s more at stake.
The county your lawsuit will go to trial in
Some counties are good places to try a personal injury lawsuit and some counties are bad places. If your case is filed in a bad county for a personal injury lawsuit, it may be tougher to win your case or to win a fair amount of compensation.
Georgia law calls the county where you have to file your lawsuit “venue.” If your case is against a person, you have to file the lawsuit in the county where they live. And if your case is against a business or corporation, you can file the lawsuit where the accident occurred or the county where their “registered agent” is.
For instance, Gwinnett County is considered a good county to try a personal injury lawsuit and there have been a number of very significant verdicts in Gwinnett County in recent years. But Barrow County and Walton County, which are next door to Gwinnett County, are tougher places to try a personal injury case and there have not been many significant verdicts in either of those counties.
Your lawyer
The lawyer that’s representing you makes a difference in how hard it is to win your case and the result you’re going to get.
Some lawyers get better results than others. Insurance companies and defense lawyers know who the good lawyers and bad lawyers are. If your lawyer has a reputation of preparing cases for trial and trying cases and getting good results, you have a better chance of getting a fair settlement offer or going to trial and getting a good result.
On the other hand, if your lawyer has a reputation of not preparing cases for trial and not trying cases, it’s going to be tougher to get a fair settlement offer or get a good result at trial.
And it also makes a difference whether your lawyer has experience with your type of case. If you have a medical malpractice or defective and dangerous product case, you need a lawyer with experience handling those specific types of cases. If your lawyer does not have experience with complicated and difficult cases, it will be harder to get a fair settlement offer or a good result at trial.
If you are pursuing a personal injury lawsuit, contact us for a free consultation.