If you’re considering filing a personal injury lawsuit, you’ve likely wondered, “What are my chances of winning?”. While no case is guaranteed to succeed, knowing the key factors that influence case outcomes can help maximize your odds of a fair settlement or verdict.
According to the U.S. Department of Justice (DOJ), approximately 95% of personal injury cases settle before trial, meaning strong evidence and skilled legal representation are often enough to secure compensation without going to court. Cases that proceed to trial have about a 50% plaintiff success rate, depending on liability, injury severity, and legal representation.
At Keith & Lorfing, our team has over 100 years of combined legal experience, more than 500 trials under our belt, and was voted Best Lawyers in Abilene in 2023. We only hire the most experienced and credentialed attorneys to ensure that our clients receive the highest level of legal advocacy.
Find out what impacts your chances of winning a personal injury lawsuit—speak with our Texas personal injury lawyer regarding your injury today.
Factors That Affect the Success of a Personal Injury Lawsuit in Texas
The success of your personal injury claim depends on several key factors. While no case is guaranteed to win, knowing what impacts your chances of success can help you make informed decisions.
Strength of Evidence – What Makes a Case Strong?
The evidence you provide plays a major role in determining fault and settlement amount. However, not all evidence carries equal weight.
Here’s what truly strengthens a personal injury claim in Texas:
- Capture Timestamped Photos and Videos: Many claimants take photos of their injuries, but when and how you take them matters. Bruises and swelling evolve over time, so documenting changes over multiple days can be compelling.
- Secure Security Footage Fast: Texas businesses typically erase surveillance footage within 72 hours unless legally requested. If your accident was recorded on a store’s security camera, our attorney will send a preservation request to secure the video before it’s deleted.
- Get Medical Documentation in Writing: Insurance companies often dispute medical claims by saying injuries weren’t accident-related. To counter this, request a signed letter from your doctor explicitly linking your injuries to the accident.
- Rely on Strong Witness Statements: A single credible, unbiased witness (such as a third-party bystander) holds more weight in court than multiple biased witnesses (such as family members or friends).
Simply having photos or medical records isn’t enough—stronger evidence can make or break your case. Timestamped photos, security footage, and detailed medical reports are critical to proving liability and securing fair compensation.
Legal Representation – Why It Can Make or Break Your Case
Hiring our experienced personal injury attorney significantly improves the likelihood of winning your case and securing a fair settlement offer. If your lawyer isn’t representing your best interests, you may have the right to switch attorneys, so you might be wondering: Can I fire my personal injury lawyer?
Here is why legal representation makes such a big difference:
- Higher Settlements: Studies by the Insurance Research Council show that injury victims with legal representation recover 3.5 times more compensation on average than those without our lawyer.
- Negotiation Tactics You Don’t See: Insurance companies often record your statements and use AI-driven software like Colossus to evaluate claims. These systems undervalue injuries unless backed by strong legal arguments and expert testimony.
- Legal Loopholes That Cost You Money: In Texas, insurance companies can delay payments to pressure you into settling for less. Our attorney will force timely payments by citing Texas’s “Prompt Payment of Claims” law (Texas Insurance Code Chapter 542).
Texas Modified Comparative Negligence Rule – How It Really Works
Texas follows a 51% bar rule under its modified comparative negligence rule, (Texas Civil Practice & Remedies Code § 33.001). This means:
- You Can Recover Damages Only If You Are Less Than 51% At Fault.
- Your Settlement is Reduced Based on Your Fault Percentage. Example: If you’re awarded $100,000 but found 30% at fault, you receive $70,000.
However, what many don’t realize is how Texas courts actually determine fault:
- Insurance Adjusters Use Formula-Based Fault Allocation: If fault is unclear, insurers might assign 40% blame to each party and claim the remaining 20% is “unavoidable.” Your attorney will challenge this by demanding a breakdown of how fault percentages were calculated.
- Comparative Fault is Highly Subjective: If two people tell different stories, courts rely on physical evidence (video, accident reconstructions, expert opinions) to shift percentages. Our reasonable attorney presents evidence that reduces your fault assignment, maximizing your recovery.
Hypothetical Case Example
Sarah was driving through an intersection when another driver ran a red light and hit her vehicle. However, during the investigation, it was revealed that Sarah was driving 10 mph over the speed limit at the time of impact.
- The insurance company argues Sarah was 30% at fault for speeding.
- The at-fault driver is found 70% responsible for running the red light.
- Since Sarah is under 51% at fault, she can still recover damages, but her final compensation will be reduced by 30%.
Had Sarah been found 51% or more at fault, she would have received nothing under Texas law.
Defendant’s Willingness to Settle – When Will They Pay?
Most personal injury cases are settled out of court, but what actually motivates a defendant (or insurance company) to offer a fair settlement?
- Trial Costs & Risk: Texas personal injury trials can cost $50,000 – $100,000+ in expert witness fees, legal preparation, and court costs. Defendants settle if the cost of losing is greater than settling.
- Bad Publicity for Corporations: Businesses and hospitals prefer quiet settlements rather than high-profile trials that could hurt their reputation.
- Policy Limits Play a Role: Texas requires minimum liability insurance of $30,000 per injured person ($60,000 per accident). If your damages exceed this, the insurance company maxes out their payout, and you must seek additional damages directly from the at-fault party.
What Are the Odds of Winning a Personal Injury Case in Texas?
Most personal injury claims in Texas are resolved before trial. The Department of Justice estimates that 90-95% of cases settle rather than going through the full litigation process. Settlements provide quicker compensation and reduce legal costs, but they may not always result in the highest settlement amount.
For the small percentage of cases that proceed to trial, plaintiffs win about 50% of the time. The likelihood of winning depends on factors like the strength of evidence, liability disputes, and the experience of your personalized legal team.
- Texas Personal Injury Trial Trends: Cases with severe injuries and clear liability, such as medical malpractice or serious car accidents, tend to have stronger outcomes. Cases where fault is disputed, especially under Texas’ 51% bar rule, face lower success rates, as stated in the section above.
- Settlement vs. Trial: While insurance companies often prefer settlements, they frequently offer lower payouts to unrepresented plaintiffs. Our personal injury attorney will negotiate a fair settlement and determine if taking the case to court is the better option.
Your chances of success improve when you have strong evidence, clear liability, and our experienced personal injury attorney fighting for you. At Keith & Lorfing, we’ve helped countless clients secure fair settlements and avoid costly legal battles.
How to Improve Your Chances of Winning a Personal Injury Lawsuit in Texas
Winning a personal injury claim in Texas requires preparation, strong evidence, and avoiding common mistakes. Following these steps can help strengthen your case and improve your likelihood of a favorable outcome.
| Key Action | Importance |
|---|---|
| Document Everything | Keep records of medical bills, lost wages, and pain & suffering related to your injury to support your claim. Strong documentation helps in negotiation and proving damages. |
| Seek Medical Treatment Immediately | Delayed care can weaken claims and allow insurance companies to argue that your injuries aren’t severe. Always seek medical attention as soon as possible to maintain a strong case. |
| Know the Texas Statute of Limitations | Texas law gives two years from the date of injury to file a lawsuit (Texas Civil Practice & Remedies Code § 16.003). Missing this deadline means losing the ability to recover compensation. |
| Avoid Common Mistakes | Avoid posting on social media or speaking with insurance adjusters without legal guidance. These actions can harm your case by giving insurers evidence to dispute your claim. |
| Hire our Experienced Texas Attorney | Our lawyer is familiar with Texas personal injury law and he will help you manage legal procedures, gather expert witnesses, and maximize your settlement. Our attorneys offer a free consultation to assess whether your claim is valid. |
By taking these steps, millions of people improve their chances of success when filing a personal injury claim. If you were injured in an accident, consulting with our experienced personal injury attorney will help ensure you are able to recover the compensation you deserve.
Why This Matters: Insurance companies often try to shift blame to reduce payouts. Having our experienced Texas personal injury lawyer will help fight back against unfair fault claims and maximize your compensation under the modified comparative negligence rule.
What Types of Compensation Can You Recover in Texas?
The amount you may be able to recover depends on the severity of your injuries, the financial losses you incurred, and whether the defendant’s actions were particularly reckless.
Economic Damages
These cover the financial costs related to your injury and are meant to reimburse measurable losses, including:
- Medical Expenses: Covers hospital bills, surgeries, medications, rehabilitation, and any future medical costs required for long-term care.
- Lost Wages: Compensation for income lost due to being unable to work after the accident. If the injury affects future earning capacity, you may also be entitled to future lost wages.
- Property Damage: If your vehicle or other personal property was damaged in the accident, repair or replacement costs may be included in your personal injury claim.
Non-Economic Damages
These damages compensate for the physical and emotional toll the injury has caused, including:
- Pain and Suffering: Compensation for the pain and distress you endured due to the accident.
- Emotional Distress: Covers anxiety, depression, PTSD, and other psychological impacts caused by the injury.
- Loss of Enjoyment of Life: If your injuries prevent you from engaging in activities you once enjoyed, you may be compensated for diminished quality of life.
- Loss of Consortium: In cases involving severe injuries, spouses or family members may recover damages for the loss of companionship, support, or affection.
Punitive Damages in Texas
In cases of gross negligence, the court may award punitive damages to punish the defendant and deter future misconduct. Under Texas Civil Practice & Remedies Code § 41.003, punitive damages apply when a plaintiff must prove the defendant acted with fraud, malice, or extreme negligence.
These are less common and usually apply in cases like drunk driving accidents or intentional harm.
Consult our Texas Personal Injury Lawyer Today
At Keith & Lorfing, we stand up for hard-working Texans who’ve been knocked down by serious injuries. We know what it’s like to put in the work, only to have everything change in an instant because of someone else’s negligence. That’s why we fight—to make sure you’re not left dealing with the insurance company’s lowball offers and empty promises while you struggle to recover.
Whether you’re facing mounting medical expenses, lost wages, or lasting pain, we’re here to help. We don’t just take cases—we take on big insurers and hold them accountable, because Texans deserve fair compensation when they’ve been wronged.
Contact us online or call at 325-225-0670 to increase your chances of winning and secure a personal injury settlement with the help of our personal injury lawyer.
Final Points
Every case is unique, but one thing remains true—having the right legal team will increase your chances of winning. With over 500 jury trials and more than 100 years of combined experience, our attorneys have the expertise you need to build a solid case and fight for the compensation you deserve.
Most personal injury cases go through settlement negotiations, as the majority of cases are settled out of court. However, when tort cases require trial, you need our skilled personal injury lawyer who isn’t afraid to go to court and take your lawsuit to court if that’s what it takes to secure justice.
We’ve handled medical malpractice cases, catastrophic injury claims, and difficult legal claims, bringing in former federal and state prosecutors to strengthen our approach. We know how to counter insurance companies when they try to reduce your settlement or pressure you into accepting less than you deserve.
If you’ve been injured and need the evidence you need to prove your case, don’t wait. Reach out to our personal injury attorney who will fight for you, demand a fair settlement offer, and be ready to go the distance.
