Difference Between a Personal Injury Claim and a Lawsuit

Difference Between a Personal Injury Claim and a Lawsuit

The words “claim” and “lawsuit” get tossed around and misused a lot, especially when it comes to the practice of personal injury. These terms are not synonymous, but they are also not long-lost cousins. If you’ve been injured due to someone else’s negligence, how do you know if a claim or a lawsuit is right for you?

Personal Injury Claim

In most personal injury cases, you don’t jump right to the lawsuit without first pursuing a claim. If you were injured in an auto accident, you can make a claim against the other driver’s or even your own insurance company to receive compensation for your damages. This will usually lead to discussions and negotiations with the insurance company’s adjuster about how much money you are owed. Both sides will eventually agree on a dollar amount and you will receive a settlement check.

Personal Injury Lawsuit

If both sides cannot agree and negotiations come to a halt, then a lawsuit will be filed. A settlement is always favored, both by the insurance company and the courts, and is encouraged to be reached at any time during a lawsuit. Pursuing a lawsuit is time-consuming and expensive, but if a compromise still cannot be reached, then the case will go to trial. In trial, it will be up to the jury to decide the dollar amount the injured party receives (if any).

Do I really need an attorney to file a claim?

Common sense will tell you to seek legal representation if you are filing a lawsuit, but what about for a claim? Regardless of the severity of your injuries, you should always look for an experienced personal injury attorney to help you file your claim. Insurance companies have teams of experienced adjusters, investigators, and lawyers like  trying to settle your case for as little money as possible. Even if you make your claim your full-time job, your knowledge and expertise will not match theirs.

Personal injury attorneys, however, dedicate their practice to helping clients like you.  Experienced attorneys are well versed in the law, they know the rules, procedures, and weird kinks about the legal system. If you hire legal representation, you are more likely to receive a higher settlement than if you attempt to handle the case on your own.

If you ‘ve been injured in an auto accident, contact a personal injury lawyer like a car accident Phoenix AZ trusts today.

Kamper Estrada, LLPThanks to our friends and contributors from Kamper Estrada, LLP for their insight into difference between a personal injury claim and a lawsuit.

No Legal Advice Intended. This website includes general information about legal issues and law practices. Such materials are for informational purposes only and should not be considered legal advice or counsel. Information may not reflect current legal standards. For legal advice specific to your needs, contact an attorney licensed in your jurisdiction. Do not rely on any statement on this website for any reason whatsoever. Furthermore, the information contained in this website is for informational purposes only. It is not, nor is it intended to be, legal advice or representation. Your review or use of this web site, its information and links does not create an attorney-client relationship or an attorney-client privilege between this law firm and you. Statements made to this firm before the formation of an attorney-client relationship may not be privileged and confidential.


Other Resources
American Bar Association | The American Lawyer | National Lawyers Association | Lawyers Without Borders | American College of Trial Lawyers | American Bar Association | National Association of Women Lawyers | Lawyers Associated Worldwide | Truck Accident Lawyer DC | DC Car Accident Lawyer | Elizabeth, NJ Workers Comp Attorney | DC Personal Injury Attorney | Baltimore Automobile Accident Lawyer | Baltimore Motorcycle Accident Lawyer | Truck Accident Lawyer Baltimore | Baltimore Motorcycle Accident Lawyer | Baltimore Personal Injury Lawyer | Car Accident Lawyer Baltimore | Baltimore Personal Injury Lawyer | Baltimore Motorcycle Accident Lawyers | Baltimore Motorcycle Accident Lawyers | Baltimore Wrongful Death Lawyer | Wrongful Death lawyer Denver CO | Defective Product lawyer Denver CO | Baltimore Motorcycle Accident Attorney | Hair Transplant Santa Monica CA | Car Accident Law Firm Indianapolis


© COPYRIGHT 2020 CRIMINAL LAWYERS OF WASHINGTON, DC | POWERED BY SEO Marketing For Attorneys | PROOF with Jill Stanley