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Claim Vs. Lawsuit

Two words that are incorrectly used interchangeably are claim and lawsuit. These two words have very different meanings. Both are paths you can choose to resolve your personal injury case.

Here is what you need to know about personal injury claims and lawsuits. 

What Is a Personal Injury Claim?

A personal injury claim is a legal action that you can take against the party responsible for your injuries or their insurance company. 

To pursue a personal injury claim, you must generally prove negligence, which means:

• The defendant owed you a duty of care.
• The defendant breached a duty of care.
• The breach caused your injuries.
• You suffered damages as a result of the accident. 

The insurance company conducts an investigation to determine if the defendant had insurance that was in place with the company at the time of the accident and if the injury is covered under the policy. The insurance company may accept the claim as-is, negotiate for a lower amount than what is being demanded, or reject the claim.  

What Are the Pros and Cons of Filing a Personal Injury Claim?

Filing a personal injury claim has many advantages and disadvantages. 

Some of the pros of filing personal injury claims include:

• You can receive financial compensation sooner.
• There is certainty in your case because you know how much you are settling for. 
• You can save legal costs and fees.

These advantages should be carefully weighed against cons, such as:

• The insurance company could try to drag the case out, which can influence you to settle the case for less because you have unexpected financial challenges.
• You have to sign a release of liability so the other party may never acknowledge they did anything wrong in causing the accident. 
• Your claim may be settled for less than you think you deserve.
• You cannot return to the negotiating table after you settle your case. Once it’s done, it’s done.

An experienced personal injury lawyer can guide you through the negotiation process and advise you on whether to file a personal injury claim or lawsuit. 

What Is a Personal Injury Lawsuit?

A personal injury lawsuit occurs when a car accident, truck accident, or other personal injury victim files a lawsuit against the party responsible for their injuries. They are responsible for serving the defendant with their formal complaint and summons. An attorney represents the personal injury victim, and the defendant may have their own attorney looking after their legal interests. They represent their case to a judge or jury, who is responsible for determining who is at fault for the accident and the amount of damages to award.

Many people mistakenly believe that most personal injury cases end up in court. However, Bureau of Justice statistics reports that fewer than four percent of personal injury cases end up in a trial. Many cases may be settled as part of the insurance claim process. Even when a lawsuit is filed, many cases are settled before the case sees a courtroom. 

Personal injury claims may turn into lawsuits when the insurance company denies a claim or agrees to offer an amount that the victim believes is fair. 

Pros and Cons of Filing a Personal Injury Lawsuit

Some of the advantages of filing a personal injury lawsuit include:

• You may feel vindicated because you can have your day in court to explain how the defendant was careless and how the accident affected your life.
• You may receive more financial compensation than the insurance company offered you in a settlement. 
• You may be entitled to punitive damages, which are not provided in personal injury claims.

However, there are drawbacks you should be aware of when pursuing a personal injury lawsuit, including:

• You may be responsible for paying extra costs associated with your case, including expert witness fees.
• There is no guarantee of the outcome since a third party is deciding the matter.
• The case may last significantly longer than a personal injury claim.

A knowledgeable personal injury lawyer can help you determine which direction to go in your case.

A Personal Injury Lawyer Can Help Explain Your Options During a Free Case Review 

If you were injured in an accident that you believe was someone else’s fault, a personal injury lawyer at Nicholson Revell Personal Injury Attorneys can explain your legal options. They can discuss the process of filing an insurance claim and how they can help negotiate a fair settlement on your behalf. Your attorney can also discuss the possibility of filing a personal injury lawsuit and when this route might make more sense for your case. 

Either way that you choose to go, you can trust an experienced legal team to investigate your case, identify all at-fault parties, gather evidence to establish liability and estimate the full value of your claim. Contact our law office at (706) 722-8784 for a free consultation.