How Hard Is It to Win a Car Accident Lawsuit?

Whether or not you are able to win a car accident lawsuit depends on several key factors. These include whether you are able to prove the defendant’s negligence, establish that their negligence led to your injuries, and provide documentation showing that your injuries resulted in compensable damages.

Most of the time, car accident claims are resolved before the case ever goes to trial. If you are able to prove your right to compensation, a settlement can usually be negotiated with the insurance company. This is generally quicker and more predictable for all parties involved.

If a settlement agreement cannot be reached, litigation may be the only option for recovering the compensation you need and deserve. However, it also means you will need to convince the court of your right to compensation. This calls for more legal skill, attention to procedural detail, and strategy.

At Burg Simpson, our Denver car accident lawyers are here to help whether your claim is settled out of court or proceeds to trial. With over $2 billion recovered for our clients, we know what it takes to win. Our team can pursue the best possible outcome in your accident claim.

Call Burg Simpson today at 303-792-5595 for a FREE and confidential case evaluation. We serve car accident victims in Denver and throughout Colorado.

What Are the Chances of Winning a Car Accident Lawsuit?

Only about 3% of all tort cases proceed to trial, according to historical data from the U.S. Department of Justice. The cases that go to trial often do so because liability is contested, in which case the court will make the final decision. When this happens, data from the Bureau of Justice Statistics shows that plaintiffs in car accident lawsuits win about 60% of the time.

In other words, if your case goes to trial, you are more likely to win than not. However, there are never guarantees, and hiring a car accident attorney to represent you in court may help you recover compensation versus representing yourself via “pro se” litigation.

Factors That Improve the Likelihood of Winning

While statistics can be helpful when determining the appropriate strategy, they should not be used to distract from the fact that your likelihood of winning depends entirely on the strength of your unique claim.

Let’s take a look at a few of the key factors you should focus on:

Clear Fault

When fault for the accident is clear, it greatly simplifies your case. It means the insurance company is less likely to contest liability, which gives you a better chance of reaching a settlement sooner.

In some situations, the other party may admit responsibility. Usually, however, you will need to rely on evidence to prove fault.

Strong, Compelling Evidence

High-quality evidence is crucial for supporting your right to compensation. Some of the types of evidence that are most effective in car accident claims include:

• Accident scene photos or video
• Surveillance video, including dash-cam footage
• Physical evidence, such as vehicle damage or skid marks

The police report and traffic citations can also be useful, though they likely will not be enough in cases where liability is contested. Eyewitness and/or expert testimony can also help to clarify issues and counter defense arguments.

Because of how important evidence is, accident victims need to take steps to preserve it and ensure it does not deteriorate before documentation and analysis.

Documentation of Injuries & Damages

While evidence showing how the accident took place is critical, so too is evidence of your injuries and damages. Some examples include:

• Medical records
• Diagnostic imaging
• Doctor’s notes
• Receipts for medical expenses

If your ability to work has been impacted, you also need to document these losses through:

• Pay stubs showing what you earned prior to the accident
• Tax returns establishing your earnings over time
• Expert testimony on your work prospects and ongoing treatment needs

Finally, comprehensive documentation is required to prove non-economic damages such as pain and suffering, emotional distress, and diminished quality of life. These losses can be substantiated through medical records, expert witness testimony, and personal diaries.

Experienced Legal Representation

Car accident victims are not required to work with an attorney. However, the benefits of having legal representation are immense.

A skilled personal injury attorney knows how to effectively:

• Investigate collisions
• Interpret applicable laws
• Anticipate defense tactics and plan accordingly
• Present evidence in the most effective way possible

Retaining a lawyer early can help give you a better chance of preserving evidence, properly interacting with insurers, and complying with all of Colorado’s legal deadlines and procedural rules. It is vital to work with an attorney who has proven trial experience. This ensures that they are able to provide the representation you need and deserve if your car accident lawsuit goes to trial.

Factors That May Make It More Difficult to Win

There are also factors that can make it more difficult to recover compensation following a car accident in Colorado. Potential challenges in your claim include:

Shared Fault

Colorado’s modified comparative negligence law allows you to recover compensation for damages even if you were partially at fault for the accident. Your share of negligence needs to be less than 50% for your case to proceed.

Shared fault is a common source of disputes with insurance companies. It makes it more difficult to negotiate a settlement, potentially requiring you to file a lawsuit to recover the full compensation you deserve.

Complex Liability

In claims involving multiple vehicles, commercial vehicles, government entities, or additional third parties, there can be many layers of complexity to navigate. While this type of claim is still winnable, it may call for specialized investigation, expert analysis, extended discovery, and a greater degree of legal planning. Often, these are the cases where plaintiffs benefit the most from experienced legal representation. 

Inconclusive Evidence

Anytime there is a lack of evidence, it is more difficult to win. While you may still be able to make a convincing argument that an accident was more likely than not the defendant’s fault, there is no guarantee it will be effective.

The same is true of your medical documentation. If you claim to have suffered $100,000 in medical expenses but you waited to seek medical attention and present incomplete records, it will be difficult to clearly show the cause and effect that is so important for winning cases.

Resistance from the Insurer

In high-value claims, insurers may use delays, “low-ball” settlement offers, and aggressive dispute tactics in an attempt to mitigate how much compensation they pay out. Too often, they find success using these strategies against plaintiffs who do not understand that they are being taken advantage of.

Experienced car accident attorneys understand how to manage and overcome disputes. This can ultimately help to increase the likelihood of a fair resolution, whether via settlement or at trial.

How to Improve the Likelihood of Winning a Car Accident Lawsuit

To give yourself the best chance of winning a car accident lawsuit, here is a succinct checklist to keep on hand:

1. File a prompt report with law enforcement and your insurer.
2. Preserve all physical and digital evidence from the scene.
3. Seek immediate medical attention and follow the treatment plan closely.
4. Keep organized records of all expenses incurred due to the accident.
5. Work with legal counsel who can help navigate the case.

While every case is unique, following these steps will improve the likelihood of winning your lawsuit in almost every scenario.

Contact Burg Simpson Today

At Burg Simpson, our seasoned car accident attorneys have decades of experience handling car accident claims in Colorado. We aggressively advocate for fair compensation in all cases, whether we are negotiating with insurance companies or taking cases to trial.

Experience and legal acumen are key for assessing liability, gathering compelling evidence, and filing a car accident lawsuit when needed. If you have been hurt in a car accident in the Denver area, contact Burg Simpson today for a FREE case evaluation. Our car accident attorneys serve clients throughout Colorado from our office in Englewood.