Chances of Winning a Personal Injury Lawsuit in California (2025)

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By | February 8, 2025

If you believe you have grounds to file a personal injury case in response to harm another party caused, you may wonder about your chances of winning a personal injury lawsuit in California. Success with any personal injury case in California requires clear proof of liability, accurate calculation of your damages, and meeting all applicable filing deadlines with the court.

Duque & Price has extensive experience handling a wide range of complex personal injury cases for clients in California. When you believe another party is responsible for injuring you or a family member, our team will do everything we can to help you hold them accountable. You have limited time to build and file your case, so it is important to connect with an experienced attorney as quickly as possible after your accident.

Winning a Personal Injury Lawsuit in California

In any personal injury case, the plaintiff must identify the party or parties responsible for causing their damages, prove the full extent of those damages, and prove that they solely resulted from the defendant’s negligence or misconduct. Your chances of winning a personal injury lawsuit in California increase significantly when you hire an experienced attorney to handle your case.

Even if fault for your personal injury seems perfectly apparent, the reality is that meeting the standard of proof required to hold the defendant accountable may be more challenging than you initially expected. If you tried to handle a case like this alone, you would contend with strict court filing deadlines, face extensive legal research, and have to deal with the aftermath of your injury unassisted.

Hiring an experienced personal injury lawyer means you will have a legal advocate ready to assist you with every aspect of your case. Your attorney can gather any evidence needed to establish fault for your injury, and they will be ready to address any disputes that might arise. They are also able to assess the full range of economic and non-economic damages you are eligible to claim, potentially helping you recover more than you initially expected.

What to Expect in Your Personal Injury Case

Every personal injury case in California is different, so each plaintiff will face unique challenges in their efforts to recover. Some of the factors that may work against you or potentially streamline or extend the timeline for your case include:

  • Contested liability. The defendant may claim you share fault for your damages, or they may deny liability.
  • Severe injuries. It may take time for you to be able to accurately assess the entire scope of the damages you suffered and the long-term effects of your injuries.
  • Dealing with insurance. If you have the ability to file an insurance claim after your personal injury, it may provide valuable initial compensation. However, dealing with insurance companies without an attorney can be exceptionally challenging.
  • Settlement negotiations versus litigation. It is possible to negotiate a settlement with a defendant outside of court, but if this is not possible in a personal injury case, the case will need to be resolved through litigation.

Ultimately, the one thing you can do that is certain to increase your chances of winning a personal injury lawsuit in California is hiring experienced legal representation. Duque & Price has years of experience handling all types of complex personal injury cases and will do everything we can to guide you to the fullest possible recovery.

FAQs

Q: How Do You Prove Liability for a Personal Injury in California?

A: You can prove liability for a personal injury in California by leveraging various forms of evidence. The types of evidence you will need will vary based on how your personal injury happened. An experienced attorney can help you gather physical and digital evidence, as well as witness testimony if anyone saw your injury happen. They can also coordinate expert witness testimony for you if necessary to clarify complex aspects of your accident.

Q: Do I Need to Hire a Personal Injury Lawyer?

A: You need to hire a personal injury lawyer to ensure the greatest chance of success with your case. The right attorney can build your case, gathering evidence you may not know how to secure on your own. They can also ensure you meet the statute of limitations and all other filing requirements and your attorney can accurately calculate the full extent of your claimable damages.

Q: Will I Win More Compensation if I Hire a Personal Injury Lawyer?

A: You are likely to win more compensation if you hire a personal injury lawyer than you could reasonably expect to obtain if you tried to handle your case by yourself. An experienced attorney can accurately calculate immediate and future economic damages, and they know how to maximize the pain and suffering compensation you secure from the defendant.

Q: How Long Does It Take to Settle a Personal Injury Case in California?

A: The time required to settle a personal injury case in California depends on the severity of your damages, whether you have experienced legal counsel representing you, and whether liability for the personal injury is contested. Some cases can be resolved within a few weeks, whereas others can take several months to conclude. Your attorney can estimate the timetable for your individual case.

Q: How Much Does It Cost to Hire a Personal Injury Lawyer in California?

A: The cost to hire a personal injury lawyer in California generally depends on the lawyer’s billing policy. Most attorneys in California take personal injury cases on a contingency fee basis, meaning they only charge their clients a fee if and when they win the case. This policy makes legal counsel more accessible to those who need it most, and under a contingency fee agreement, the client pays nothing if the attorney is unable to win compensation for them.

The attorneys at Duque & Price have extensive experience handling a wide range of complex personal injury cases, and we know that you likely have many questions about your chances of winning a personal injury lawsuit in California. Contact us today to schedule a free consultation with our team and learn more about the ways we can help you win your case.

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About The Author

Brent A. Duque

From humble beginnings and son of hard-working immigrant parents, Brent Duque was raised in La Puente, California. After graduating from West Covina High School and Mt. San Antonio College, Mr. Duque went on to graduate from Cal State University Fullerton with a Bachelors degree in Political Science. After obtaining his undergraduate degree, Mr. Duque did his graduate studies in Education and Public Administration at California Polytechnic University Pomona. After working for other firms, Mr. Duque knew that if he opened his own firm, he could provide more aggressive representation, better communication with clients, and secure larger settlements and verdicts for his clients. In 2006, he started his firm and has had a remarkable and successful career that he attributes to his firm’s aggressive and relentless pursuit of justice for his clients. As owner and managing attorney of the firm, Mr. Duque has fought for and secured millions of dollars for his clients.

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