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If you or a loved one has been injured in El Paso, you might be wondering: “What are my chances of winning a personal injury lawsuit?” It’s a fair question. The truth is, every case is different, and no attorney can guarantee a win. However, certain factors make some cases stronger than others. In this blog, we’ll break down what affects your chances, common myths, real statistics, and how the personal injury lawyers at Michael Gopin can help you improve your odds.
Winning a personal injury lawsuit doesn’t always mean going to trial and hearing the word “guilty.” In most cases, it means reaching a fair settlement that covers your medical bills, lost wages, pain and suffering, and other losses. Only a small percentage of cases go all the way to court.
In fact, about 95% of personal injury claims settle out of court, which means having strong evidence and good legal representation is key to getting fair compensation.
Every personal injury case is unique, but several key factors tend to shape how strong a claim is and whether it results in compensation. Below are examples that show how these factors play out in real life.
The stronger your proof that someone else caused your injury, the better your chances. This might include:
For example, if you were hit by a drunk driver on I-10 near downtown El Paso and police cited the driver, your case is likely to be strong.
Getting immediate medical attention creates a record of your injuries. Delays can make insurance companies argue your injuries weren’t serious or weren’t related to the accident.
For example, if you were in a motorcycle accident in West El Paso and went to the ER on the same day and followed all treatment plans, you would help your lawyer secure a strong settlement. However, if you waited two weeks to get checked out, the insurance company might argue the injury wasn’t caused by the accident.
The more serious your injuries, the higher the value of your claim. Insurance companies are more likely to settle when serious medical treatment is needed, such as surgeries or long-term rehab.
For example, if a client who suffered a minor wrist sprain in a parking lot fall settled quickly for a modest sum. But another client, who required back surgery after a scaffolding collapse on a job site, received over $150,000 in compensation.
One of the biggest factors in winning your case is hiring experienced injury attorneys. The injury lawyers at Michael Gopin understand Texas laws, how local courts operate, and how to deal with stubborn insurance adjusters.
If you were partly at fault, it could reduce your compensation. Texas uses a “comparative negligence” system. If you’re more than 50% at fault, you might not receive any money. That’s why a lawyer is important to present your case properly.
For example, if a client slipped and fell at a shopping center, but had been texting while walking. The property owner failed to post warning signs around a freshly mopped floor. Even though the client shared some responsibility, we showed that the majority of fault fell on the property management, allowing the client to receive a fair settlement.
Even if you win your case, the amount you can recover may depend on how much insurance the at-fault party has. A lawyer can help identify all available insurance policies.
For example, if a client were injured by an uninsured driver. Because they had underinsured motorist coverage, we were able to secure a settlement from their own policy after identifying and filing the appropriate claim.
Reality: You must prove your injury, losses, and that someone else was responsible. Without strong evidence, even good cases can fall apart.
Reality: As mentioned earlier, most cases settle. Good lawyers resolve cases faster and with less stress through negotiation.
Reality: Studies show people who hire lawyers get up to 3.5 times more in compensation than those who go it alone.
These numbers vary, but they give you a sense of what is possible when you have the right legal team.
Insurance companies have one goal, to pay you as little as possible. Their business model is built on minimizing payouts, not helping victims recover fully. They train their adjusters to look for ways to weaken your claim, delay payments, and pressure you into settling for far less than your case is worth.
Here are some of the most common strategies they use:
They may even tell you that hiring a lawyer will “slow things down” or that you’re better off handling it yourself. Don’t fall for it. The truth is, insurance companies take your case much more seriously when they know you have strong legal representation.
In most cases, you have two years from the date of the injury to file a personal injury claim in Texas. This deadline is known as the statute of limitations. If you miss it, you may lose your right to recover any compensation.
If you don’t have health insurance or can’t pay upfront, you may still receive treatment. Some providers agree to wait for payment from your settlement. Our team can help connect you to these resources.
Right away. The sooner you speak with a lawyer, the better your chances of preserving important evidence, contacting witnesses, and starting your case on a strong legal footing.
Yes, but it may affect the amount you can recover. Texas courts may reduce your compensation if not wearing a seatbelt contributed to your injuries. A lawyer can help minimize the impact.
Workplace injuries may fall under workers’ compensation, but in some cases, you can file a personal injury claim as well. Our team can determine the best path for your recovery.
It depends on your case, but with strong evidence and the help of skilled personal injury lawyers at Michael Gopin, your chances increase dramatically.
It varies based on injury severity, medical costs, lost wages, and other factors. We can estimate your case value during a free consultation.
You may still have options through your uninsured motorist coverage. We’ll help you explore all avenues for recovery.
Winning a personal injury lawsuit in El Paso takes more than luck. It takes strong evidence, experienced guidance, and relentless support from the right legal team.
At the Law Offices of Michael J. Gopin, PLLC, we stand by your side from the moment you call. With over 30 years of combined experience, our personal injury lawyers investigate your accident, gather key evidence, speak with witnesses, calculate your full losses, and negotiate with insurance companies. We prepare every case as if it’s going to trial, and we don’t get paid unless you win.
Contact us today for a free consultation. We’re available 24/7 and committed to helping you win your case and move forward with confidence.
Michael J. Gopin has practiced law in El Paso since 1987. Even after more than 30 years, he still remembers his first jury case. It was two weeks after receiving his license, when he represented a person whose life had been forever changed after being blinded in a work-related incident...
We are experienced El Paso personal injury lawyers. Give us a call and you’ll be taken care of! (915) 333-3333
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