How Hard Is It to Win a Personal Injury Case in Missouri?

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career resulting in tens of millions of dollars in compensation recovered. 

Successfully Obtaining Full & Fair Compensation in a Personal Injury Case Depends on Many Factors. Duckworth Injury Law Can Help You Navigate This Process

When Duckworth Injury Law pursues a personal injury case on your behalf, it’s with one goal in mind – to win your case. When it comes to “winning” your personal injury case, we are typically talking about two key factors: 1) having either a judge, jury, or insurance company determine that the other party is at fault for causing the accident; and 2) having either a judge, jury, or insurance company award full and fair compensation for all of your damages. But how hard is it to win a personal injury case in Missouri? Simply put, the exact chances of winning your case depend on the unique facts and circumstances surrounding your accident. 

To win a personal injury case in Missouri, you must meet your burden of proof

With respect to both establishing liability and proving your damages to win your case, Missouri law requires that the plaintiff (i.e., the injured party) establish that the other person is at fault by a “preponderance of the evidence.” In Missouri civil cases, such as personal injury cases, this is what is referred to as the burden of proof. While you may be familiar with the “beyond a reasonable doubt” burden of proof used in criminal cases, civil cases require this much lesser burden – the “preponderance of the evidence” burden. To meet this burden and establish liability against the at-fault party, the plaintiff must show that it is more likely than not that the defendant caused the crash and is responsible for plaintiff’s injuries and resulting damages. Often, this more likely than not standard is expressed as requiring the plaintiff to show that there is a greater than 50% chance that the defendant is responsible for causing the accident.

Your Missouri personal injury attorney will gather valuable evidence to establish liability & damages in your case

To successfully meet the burden of proof with regard to liability, your injury lawyer will need to collect and present evidence supporting your theory of liability. In a car accident case, key liability evidence includes witness statements, video footage, photographs, crash reports and police reports, “black box” vehicle downloads, cell phone records, and more. When it comes to meeting the burden of proof with regard to your damages, your personal injury attorney needs to collect and present evidence that the crash caused your injuries, as well as evidence regarding the extent and future prognosis of your injuries. Often, damages evidence includes your medical and billing records, expert medical doctor testimony, life care plans (projecting the cost of required future treatment), and testimony from friends and family regarding how the crash has affected your life. The stronger evidence your lawyer obtains regarding how the crash occurred (i.e., “liability”) and how the crash affected you (i.e., “damages”) the greater your chances of winning your case.

The type of your personal injury case also affects the odds of winning your case

While it’s often estimated that greater than 95% of cases settle prior to going to trial, the type of personal injury case affects not only the chances of resolving your case via settlement pre-trial, but also the chances of winning your case if it does go to trial. 

In general, motor vehicle collisions (e.g., car accidents) are easier to resolve via settlement pre-suit and result in higher rates of plaintiff jury verdicts than other types of personal injury claims. On the other end of the spectrum, premises liability cases (e.g., slip and falls) and medical malpractice cases can be more difficult to resolve and result in higher rates of defense verdicts. 

Of course, within these different personal injury case types, liability may vary greatly depending on the specific facts of the case. For example, in a rear-end car accident case, there is a presumption of fault against the party that rear-ended the other vehicle, making liability typically straightforward. However, in a car accident case where both parties claim to have had a green light when proceeding through an intersection (and there is no video footage or independent witnesses), establishing liability will be much more difficult.

The experience & track record of your attorney plays a huge role in your chances of winning your case

Let’s face it – personal injury lawyers are not all created equal. Again, winning a personal injury case is about more than just getting you some compensation for your injury claim, winning a personal injury claim is about getting you maximum compensation for your injury claim. Many personal injury law firms lack the experience, know-how, and track record to get you the maximum compensation available to you on your claim, thereby reducing the odds of winning your case. 

You can bet the at-fault party’s insurance company and/or defense counsel will do their due diligence on researching your attorney. If your lawyer doesn’t typically handle personal injury cases, doesn’t litigate cases, doesn’t push back on low-ball offers, and doesn’t take your case to trial if necessary, the offers presented on your case will reflect such. To maximize your case value and truly “win” your personal injury case, you need a personal injury lawyer who focuses on personal injury law, who has extensive experience litigating personal injury cases, and who understands what your case is worth (and how to get that case value). 

The Outcome of Your Case Can Be Impacted by the Personal Injury Lawyer You Choose. Contact Duckworth Injury for a Free Claim Review

If you’ve been involved in a personal injury-causing accident in Columbia, Jefferson City, the Lake of the Ozarks, or anywhere else across mid-Missouri, you need A Winning Missouri Personal Injury Lawyer on your team. EC Duckworth of Duckworth Injury Law has a proven track record of winning, having secured tens of millions of dollars in compensation for his clients. EC is not afraid to take a case to trial, as documented by his $973,000 jury verdict for a contested liability motor vehicle vs. pedestrian collision in Warrensburg, MO. 

Whether your personal injury or wrongful death claim involves a car accident, truck accident, motorcycle accident, or boating accident, Duckworth Injury Law is a Winning Personal Injury Lawyer for the people of Missouri. If you’d like to discuss the best route of recovery for your particular case, reach out to Duckworth Injury Law today for a free case evaluation and consultation.