5 Factors That Affect Your Chances of Winning a Personal Injury Lawsuit in Naples, FL

If your personal injury accident has left you with more expenses than your Personal Injury Protection (PIP) insurance policy limits can cover, you may have grounds to sue the negligent party. But before you proceed with a lawsuit, you’re probably wondering: What are the chances of winning a personal injury lawsuit? Is it worth your time, effort, and mental stress?

Many factors can impact the success of your case. An experienced personal injury attorney in Naples can help you understand your chances of winning. 

1. The Strength of Your Evidence Collection and Negligence Proof

You will need plenty of evidence to support your personal injury lawsuit. Your evidence should clearly show the defendant was responsible for the accident that led to your injuries and damages. 

A personal injury lawsuit is a type of civil lawsuit that is structured differently from a criminal lawsuit. In a civil lawsuit, you, as the plaintiff, have the burden of proof. Instead of needing to prove “beyond a reasonable doubt,” as a prosecutor would in a criminal lawsuit, you just need to prove that it is “more likely than not” that the defendant is responsible for the harm you suffered. 

Still, the stronger your evidence, the better your chance of convincing a judge or jury of this sentiment. All of the following types of evidence can support your case:

• Photos and videos of the accident
• Witness testimonies
• Police reports
• Testimony from accident reconstruction professionals
• Medical bills and injury documentation

2. Your Willingness To Settle Out of Court

Going to trial for a personal injury case is rare. Most cases settle before trial during a settlement negotiation. 

After discussing your chances of winning a personal injury lawsuit in Naples, FL, your attorney will discuss the potential outcomes of a settlement negotiation. You may not gain as much compensation as you could if you won a lawsuit, but you can avoid the time involved in a lawsuit. 

When you settle out of court, neither party wins or loses. Instead, you reach an agreement and withdraw your case from the court docket. 

3. The Defendant’s Insurance Coverage and Assets 

When filing a lawsuit against an at-fault party, you will be suing their insurance company or the defendant directly. In either case, you must ensure the party you’re suing has enough money to give you the compensation you’re asking for. 

If the defendant has liability insurance, you can sue up to their policy limits. If they don’t, you’ll be suing for their personal assets. If the defendant has few assets, you may not have much to gain in a lawsuit. 

Again, your attorney will help you understand how the defendant’s insurance coverage and assets may impact your case. 

4. The Timeline of the Case

The sooner you file a lawsuit after experiencing a personal injury, the better. Florida’s statute of limitations for personal injury cases is two years from the accident date. However, filing as soon as possible can aid your trial preparation process. 

Evidence quickly becomes lost after personal injury accidents. If you wait too long to file a lawsuit, you may no longer have access to witness testimonies and other evidence that can aid your case. 

5. The Dedication of Your Legal Representation in Naples, FL

Working with an experienced personal injury attorney significantly improves your chances of winning a personal injury lawsuit.

Your attorney must have excellent trial skills, experience with your type of personal injury case, and a passion for and dedication to your outcomes. They will be doing most of the heavy lifting for you, so you need to be sure they will do an exceptional job. 

Improve Your Chances of Winning a Personal Injury Lawsuit in Naples, FL, With Our Legal Team 

Our attorneys at The Law Offices of Marc L. Shapiro, P.A., can help elevate your chances of winning a personal injury lawsuit in Naples, FL. Marc has over 30 years of experience and has seen virtually every type of personal injury case. He will confidently guide you through your case and help you understand what to do after a personal injury trial to improve your outcomes. 

Contact us today at (239) 500-5000 or contact us online to schedule a consultation.