Do personal injury lawyers always win?

Personal Injury - May 6, 2025 by Horwitz, Horwitz & Associates

If you’re a fan of court procedural shows, you may think that personal injury lawyers always have the skills to succeed with what seems to be an unwinnable case. However, it’s important to distinguish entertainment from reality when it’s time for you to file your own personal injury claim.

Do personal injury lawyers always win? Let’s examine what makes a claim successful with help from the Chicago personal injury attorneys at Horwitz, Horwitz & Associates.

What should I look for in a personal injury lawyer for the best chance of winning my case?

Finding a good personal injury attorney starts with looking for someone with a good reputation in the area of law that applies to your claim. For example, a law firm specializing in medical malpractice probably isn’t the best choice for car accidents. They may be very good at what they do, but you want someone who has a strong background managing cases like yours.

The right personal injury lawyer will be someone you feel comfortable with and who has case results demonstrating their skills. They should also offer honest legal advice about your options for seeking compensation instead of promising they will definitely win a lot of money for you. A seasoned attorney knows that every case is unique and that sometimes, the best way to “win” a claim is to stay out of the courtroom.

Many personal injury lawyers are paid through contingency fees, where they take their payment as a percentage of your settlement. This means you don’t have to pay upfront to get the legal representation you need. Once your case is settled, whether through negotiation or at trial, the attorney gets their fees, pays any costs associated with the process, and sends you the rest of the settlement.

Factors an attorney considers before accepting a personal injury claim

Just like anyone else, your lawyer wants to do everything they can to improve their chance of winning every case they take. On top of their experience and training, they must consider a range of factors before accepting you as a client, including:

• Potential settlement value:  Will the settlement be worth the time it takes?
• Strength of the evidence:  Is there enough robust proof, such as medical records, photographs, witness statements, and police reports, against the at-fault party?
• Complexity of the case: Are there multiple parties or conflicting stories that will make it harder to win?
• Client commitment: Will the client sabotage their case by posting on social media or changing their story?
• Attorney background: Does the attorney have the knowledge necessary for the type of case?
• Statute of limitations: Has the legal time limit passed for filing a lawsuit in the courts?

Most personal injury lawyers offer free initial consultations to sit down with you and determine how strong your claim is and its potential value. If they don’t feel like they can reach a satisfactory settlement out of court, they may refuse to take the case. Although it might be disappointing, they are trying to save you time, money, and stress.

It’s crucial to choose a good attorney if you want to win your personal injury case

Not every personal injury attorney wins every one of their cases. That may be due to inexperience or poor judgment. So, choosing a knowledgeable, experienced, and diligent personal injury lawyer is the first key to winning your case.

You want someone with strong negotiation skills who will work to reach a fair settlement offer as quickly as possible. According to The Law Dictionary, about 95% of cases settle before ever getting to a courtroom. In many instances, you’ll be fighting an insurance company that may try to minimize what they pay you, so an attorney with a deep understanding of insurance policies and the law can give you a better chance of success..

A competent attorney will often go ahead and file paperwork for a personal injury lawsuit to encourage the other side to settle faster. By showing them you are dedicated to winning, your lawyer can often decrease your legal fees while securing compensation for your medical expenses, lost wages, and pain and suffering.

Choose an attorney who understands all laws that might affect your case

Part of what makes being a lawyer so challenging is learning and understanding the tremendous amount of statutes and legal precedents. Attorneys need to know federal, state, and local laws and how to use them to your advantage. If they overlook anything, it can result in a loss that costs them their reputation, but it also costs you the compensation you need in your personal injury case.

At Horwitz, Horwitz & Associates, we consider things like modified comparative negligence, laws governing insurance claim practices, and whether your claim may qualify for punitive damages. We educate you on these factors so you can make an informed decision at each step of the process. Above all, we value providing the same high-quality service we’ve provided to clients for over 100 years.

Learn more about how we can help you during a free consultation when you call (800) 985-1819 or use our online form today.