Chances of Winning a Personal Injury Lawsuit in Louisiana

When injured individuals consider a personal injury claim, many wonder how likely it is that they will succeed. Most personal injury cases are settled outside of court, which can make success rates harder to determine. The chances of winning a personal injury lawsuit in Louisiana depend on several factors, including whether you have the grounds for a valid claim, the quality of your supportive evidence, and the experience and abilities of your legal representation.

Do You Have the Grounds to File a Personal Injury Claim?

Many people are injured in the U.S. and in Louisiana every day. The rate of fatal injuries in Louisiana was 121.99 per 100,000 population in 2023, which was the third-highest rate in the country. The nationwide rate was 83.01 per 100,000 population.

However, not every injury will result in a valid personal injury claim. After you have sustained an injury from an accident or an illness, it is important to understand whether or not you have a viable personal injury claim. If you file a claim without grounds, you will not succeed.

A significant number of personal injury claims rely on the theory of negligence. In order to have the grounds for a personal injury claim under this theory, you must be able to prove:

1. The party you are holding liable owed you a duty of care
2. The party breached their duty of care
3. Their breach of care was a direct cause of the incident that caused your injuries
4. You were injured and suffered compensable damages in the incident

Other personal injury claims may rely on other theories, such as strict liability.

If you have the grounds for a personal injury claim, you are more likely to have a successful claim. When you have a successful claim, you can recover damages, including medical bills, lost income, and other losses.

Personal injuries are expensive. Motor vehicle collisions are one of the most common causes of unintentional death and injury and are a frequent cause of valid personal injury claims. There were 328,969 hospitalizations of motor vehicle occupants in 2023 in the U.S., with an average cost of $77,386 in medical treatment for each person. There were 43,273 deaths of motor vehicle occupants, resulting in an average of $14,126 in medical costs.

What Factors Impact Your Claim’s Likelihood of Success?

Every case is unique, and so your chances of success in a claim vary significantly based on the unique circumstances of your case. Some factors that can influence the case outcome include:

• Proof of liability. You must be able to prove that the party or parties you are filing your claim against were responsible for your injuries through strict liability, negligence, intentional misconduct, or for another reason.
• Comparative negligence. You can still recover damages if you were also partially at fault for the accident. However, it can make the claim more complicated. You can also only recover partial compensation. The at-fault party may try to use your partial negligence to hold you fully liable for the accident.
• Quality of evidence. When you have more supportive evidence, your case is more likely to succeed. This includes evidence of liability and of the damages you sustained. This evidence depends on the type of accident but may include photo or video evidence, medical records, police reports, maintenance logs, product warnings, or witness testimony. If you don’t have this information, you are less likely to have a successful claim.
• Working with an attorney. This is the most crucial factor in the success of your claim. When you have a skilled and experienced personal injury attorney by your side, your case has a much better chance of succeeding.An attorney assesses your case to determine if you have the grounds for a claim and investigates the cause of the accident to determine the at-fault party. An attorney has the resources to uncover the evidence that supports your claim and can negotiate with the insurer out of court or advocate for you in court.

Every case is unique, and no outcome is guaranteed. However, understanding what you need to support your case can help improve your chances of securing a better outcome.

FAQs

Q: How Often Do Personal Injury Cases Succeed?

A: It is difficult to know how many personal injury cases succeed because the vast majority of cases are settled through private negotiations. Very few cases go to court. If you believe you have the grounds for a personal injury case, you should take the case to an experienced personal injury attorney. They can help you determine if you have a valid claim and your likelihood of success. When you work with a skilled attorney on your case, success is more likely.

Q: How Long Does a Personal Injury Lawsuit Take in Louisiana?

A: The time it takes to resolve a personal injury case in Louisiana varies significantly from claim to claim. Every personal injury claim is unique. While many people want a fast resolution to a claim, it’s important to remember that if you are working with an attorney, a longer negotiation period likely means your attorney is fighting for maximum compensation. Your claim is also likely to take longer if it goes to court.

Q: What Is a Typical Amount for Pain and Suffering?

A: There is no typical amount of pain and suffering in a personal injury claim because each case is unique. The compensation you can recover is entirely unique to your damages, and this also includes pain and suffering and other non-economic damages.

Non-economic damages are typically calculated based on information, such as the value of your economic damages, the time you spent recovering, and other information. An attorney can help you assess and correctly evaluate your pain and suffering damages.

Contact The Roach Law Firm Today for Dedicated Representation in a Personal Injury Claim

For more than 65 years, The Roach Law Firm has helped individuals and families navigate complex personal injury claims. Contact our firm today to see if we can help you.