Can A Lawyer Guarantee I Will Win My Personal Injury Case?
I’m Attorney Eric T. Kirk sometimes asked by my clients – “ Am I going to win my personal injury case at trial?” Of course that is an impossible question to answer for a lawyer. An attorney doesn’t make the decisions on the case -juries do. Rather, a lawyer presents the evidence, argues the law, argues the facts, and tries to persuade the finder of fact that the evidence supports the client’s version of the facts, and that the application of applicable law to those facts results in a finding that that his or her client wins the case. A lawyer is not the finder of fact in a case in any circumstance. In a bench trial, the finder of fact is a judge. In any case tried to a jury, obviously the jurors, collectively, are the finders of fact.
Baltimore PI Lawyer Tip #86: Any personal injury attorney that predicts the outcome of a case, or guarantees a particular outcome in case is frankly, being foolish, and doing a disservice to the client.
Now I say things all the time like: “I like our chances in this case”, “I am confident, I know we will be able to put on a good case”, “I believe I can convince the jury that you are entitled to substantial damage.”
This is not guesswork, nor is it any type of guarantee. A lawyer’s honest assessment of the facts, and honest opinion about the application of the law to those facts, and a lawyer’s conclusions about the likely outcome of the case are what the client seeks when hiring that lawyer. This is not surmise and conjecture. Opinions about the likely outcome of a case are the product of seasoning, toil in the trenches, litigating cases, trying cases, negotiating cases.
The easy answer: I cannot. But there are practical, additional reasons I do not, and would not guarantee results because:
It’s unethical and prohibited by professional rules.
Too many unpredictable external factors determine outcomes.
Integrity demands honest communication, not false assurances.
The legal system itself is uncertain by design.
Overpromising ultimately damages trust between attorney and client.
Under the Maryland Rules of Professional Conduct, and similar codes in other states, attorneys are expressly prohibited from making any promise or guarantee about the outcome of a case. Rule 7.1 forbids any “false or misleading communication.” A lawyer who tells a client they will definitely win or will recover a specific amount would be making a misleading statement. The system is adversarial and unpredictable; no lawyer, no matter how skilled, can control every variable.
In fact, such promises can lead to disciplinary action. Bar authorities view such guarantees as unethical because they exploit a client’s vulnerability and create false expectations about the justice process.
Even when liability seems obvious, a case’s result depends on countless things a lawyer cannot control:
The opposing party’s actions — whether they admit fault, settle, or drag the case out.
Insurance company tactics — insurers may delay, deny, or undervalue claims for strategic reasons.
Judicial discretion — rulings on evidence, procedure, or damages can drastically alter a case.
Jury perception — no attorney can predict how twelve strangers will interpret testimony or evidence.
Witness reliability — credibility issues or conflicting accounts often sway outcomes.
Iprepare thoroughly, build a compelling case, and fight hard, but even perfect preparation cannot neutralize every external influence. Bottom line: I don’t make decisions, I make arguments.
Ethics Require Realism, Not Salesmanship. A professional lawyer must be candid — not a salesperson. Ethical representation requires honest assessment based on judgment and experience. not inflated promises. I prefer a potential client knows, “I can’t guarantee results, but I can guarantee hard work and experience”. Guarantees are marketing traps. They appeal to fear and desperation — especially in injury cases where victims face medical bills and lost income. I educate my client about risks, likely outcomes, and contingencies instead of sugar-coating reality.
Personal injury law operates within a civil system intentionally designed to balance competing evidence and argument. Judges and juries determine the facts. Because every injury, accident, and claim is unique — involving distinct injuries, policies, and witnesses — no two outcomes are ever identical. That uncertainty is precisely why experienced legal representation matters.
An attorney can estimate ranges of potential recovery based on prior cases, but no ethical lawyer would predict a dollar figure or outcome with certainty. If a lawyer is stating the exact value of a case, you need a second opinion.
An opinion about the most likely decision reached in a case is to be contrasted with a prediction of or a guarantee as to the outcome of the case.
Baltimore PI Lawyer Tip #14: Any honest, forthright lawyer would never guarantee to his or her client the outcome of the case, even if it means losing the client.
It is simply out of their hands. When my clients ask me: “am I going to win”, I candidly and in unhesitating and forthright manner assess for them the strength of their case. What are the strong points? If we’re strong on liability, then I highlight those points. If the damages sustained are significant, then I highlight them. But I also take the other side of the fence. I always advise my clients of the potential pitfalls, of areas where the case may go south. In my opinion this candid unbiased straightforward assessment of a case serves my clients far better than a glib guarantee of success at trial.
I’ve handled thousands of accident claims over the years. I’d be proud to discuss your accident claim at no cost to you, at time and location of your choosing. Contact me today.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
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- Baltimore Insurance Claims Denial Lawyer
For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
