Riddle & Riddle Injury Lawyers | October 3, 2025 | Personal Injury
If you’ve been hurt in an accident caused by someone else’s negligence, you may be wondering: How hard is it to win a personal injury lawsuit? The truth is, these cases can be complex. Success depends on many factors, including the strength of the evidence, the skill of your lawyer, and the specific circumstances of your claim.
In this post, we’ll break down what makes personal injury lawsuits challenging—and how the right legal approach can improve your chances.
Understanding the Basics of a Personal Injury Lawsuit
A personal injury lawsuit is a legal action filed by someone who was harmed due to another party’s negligence, recklessness, or intentional misconduct. Common examples include car accidents, slip and fall cases, medical malpractice, or product liability claims.
To win, the injured person (the plaintiff) must prove that the defendant is legally responsible for their injuries.
This usually involves proving negligence, which has four key elements:
- Duty of Care – The defendant had a legal obligation to act reasonably to prevent harm.
- Breach of Duty – The defendant failed to meet that obligation.
- Causation – The breach directly caused the plaintiff’s injury.
- Damages – The plaintiff suffered actual harm, such as medical bills, lost wages, or pain and suffering.
Failing to prove even one of these elements can result in losing your case.
Factors That Make Winning a Personal Injury Lawsuit Difficult
While many people assume that proving negligence is straightforward, several challenges can make winning a personal injury lawsuit far more difficult than expected.
Here are some of the most common:
Disputed Liability
One of the biggest hurdles in personal injury cases is proving fault. Defendants and their insurance companies often try to shift blame onto the victim or argue that someone else was responsible. In states with comparative negligence laws, even partial fault on your part can reduce your compensation.
Lack of Strong Evidence
Evidence is the backbone of any personal injury lawsuit. Without clear proof—such as accident reports, medical records, photos, surveillance footage, or credible witness testimony—it can be much harder to convince a jury or judge that the defendant was negligent.
Insurance Company Tactics
Insurance companies have one goal: to pay out as little as possible. They may dispute your injuries, downplay the severity of your damages, or drag out the process to pressure you into settling for less. Facing these tactics without legal support can make winning your case far more difficult.
Complex Laws and Procedures
Each state has unique laws that affect personal injury claims, such as statutes of limitation, damage caps, and procedural requirements. Missing deadlines or failing to file paperwork correctly can weaken—or even derail—your case.
What Increases Your Chances of Success
While personal injury lawsuits can be challenging, there are steps you can take to improve your odds of winning.
Here are some of the most important steps:
Strong Evidence Collection
The more documentation you have, the better. This includes accident reports, photos of the scene, medical records, witness contact information, and proof of lost income. Preserving evidence early is critical.
Medical Treatment and Records
Seeking prompt medical care not only protects your health but also creates an official record of your injuries. Following your doctor’s treatment plan also demonstrates the seriousness of your condition.
Skilled Legal Representation
Perhaps the most important factor is having an experienced personal injury lawyer on your side.
A lawyer can:
- Investigate the accident and gather evidence
- Work with experts, such as accident reconstructionists or medical professionals
- Handle negotiations with insurance companies
- Ensure all deadlines and legal requirements are met
- Represent you in court if the case goes to trial
With professional advocacy, you level the playing field against insurance companies and defense attorneys.
Contact Riddle & Riddle Injury Lawyers for a Free Consultation
Winning a personal injury lawsuit is not easy—but it’s far from impossible. Challenges like disputed liability, aggressive insurance tactics, and strict legal procedures can complicate the process. However, with the right evidence, timely medical treatment, and experienced legal representation, your chances of success improve dramatically.
If you’ve been injured due to someone else’s negligence, contact Riddle & Riddle Injury Lawyers to schedule a free consultation with a personal injury lawyer in North Carolina today. We have twelve convenient locations in North Carolina, including Greenville, Raleigh, Goldsboro, Jacksonville, Kinston, Charlotte, Greensboro, Durham, Fayetteville, Wilmington, Winston-Salem & Garner.
Riddle & Riddle Injury Lawyers – Raleigh Office
4600 Marriott Dr STE 500, Raleigh, NC 27612
(919) 876-3020
Riddle & Riddle Injury Lawyers – Durham Office
100 E Parrish St STE 200, Durham, NC 27701
(919) 728-1770
Riddle & Riddle Injury Lawyers – Goldsboro Office
601 N Spence Ave, Goldsboro, NC 27534
(919) 778-9700
Riddle & Riddle Injury Lawyers – Charlotte Office
1914 J N Pease Pl Suite 142, Charlotte, NC 28262
(704) 486-5824
Riddle & Riddle Injury Lawyers – Greenville Office
300 E Arlington Blvd Suite 2A #110, Greenville, NC 27858
(252) 397-8620
Riddle & Riddle Injury Lawyers – Fayetteville Office
2517 Raeford Rd, Fayetteville, NC 28305
(910) 387-9186
Riddle & Riddle Injury Lawyers – Greensboro Office
7B Corporate Center Ct Suite 15, Greensboro, NC 27408
(336) 516-9066
Riddle & Riddle Injury Lawyers – Jacksonville Office
3391 Henderson Dr, Jacksonville, NC 28546
(910) 455-5599
Riddle & Riddle Injury Lawyers – Garner Office
500 Benson Rd Suite 111, Garner, NC 27529
(800) 525-7111
Riddle & Riddle Injury Lawyers – Kinston Office
807 N Queen St, Kinston, NC 28501
(252) 397-8624
Riddle & Riddle Injury Lawyers – Wilmington Office
1608 Queen St Suite 12, Wilmington, NC 28401
(910) 889-4064
Riddle & Riddle Injury Lawyers – Winston-Salem Office
102 W 3rd St, Ste 1007, Winston-Salem, NC 27101
(336) 516-9042