A personal injury claim and a personal injury lawsuit are distinctly different methods attorneys use to pursue compensation for clients who have suffered injuries because of someone else’s negligence. If you have been injured and it was not your fault, this blog will help you understand the differences between a claim and a lawsuit.
Another option to better understand the process is to speak to an attorney. If you would like to schedule a free consultation with a personal injury attorney today, please call us at (209) 323-5126.
Personal Injury Claim vs. Personal Injury Lawsuit
Personal Injury Claim
A personal injury claim is usually the first step an attorney takes on behalf of a client in pursuit of compensation. It involves sending a demand letter to the at-fault party, their attorney, or the insurance company. The demand letter includes any evidence collected, such as medical expense reports, property damage estimates for repair or replacement, and anything else being sought, such as compensation for pain and suffering.
So that you know, contacting an attorney as soon as possible following an injury increases the likelihood that all potentially responsible parties will be identified.
Filing a claim is generally an informal process. Once the demand letter is sent, negotiations will begin between the victim’s attorney and the responsible party’s legal representative. The personal injury claim ends if a settlement agreement can be made during negotiations.
Pros of a Personal Injury Claim
- Lower costs: Claims typically involve lower legal fees and expenses than lawsuits.
- Speed: Settlements can be reached more quickly than trial decisions.
- Simplicity: The process needs to be more formal and involve more paperwork.
Cons of a Personal Injury Claim
- Limited compensation: Settlement offers may not cover all damages, especially if the insurance company undervalues the claim.
- Increased insurer control: The liable party’s insurance company often decides settlement offers, which may not always be fair to the injured party.
Personal Injury Lawsuit
A personal injury lawsuit is a civil court action filed by a victim’s legal representative. If the victim desires, this step would be taken if negotiations fail to result in an acceptable, fair settlement offer.
Once a lawsuit is filed with the court, the injured party, now the plaintiff, must prove that the defendant caused their injuries through negligence. This process involves presenting evidence and arguments before a judge or jury, who will then decide the outcome. It is important to note that even when a trial date is set, negotiations may resume, and a trial may be avoided.
Pros of a Personal Injury Lawsuit
- Potential for higher compensation: Lawsuits can result in higher awards, including non-economic damages such as pain and suffering and emotional distress.
- Neutrality: A judge or jury decides the compensation, not an insurer.
- Comprehensive evidence gathering: Lawsuits offer time for more thorough discovery and evidence collection.
Cons of a Personal Injury Lawsuit
- Timeline: Lawsuits can take months or even years to resolve, depending on their complexity.
- Higher costs: Legal fees and court costs can be significant, adding another layer to the compensation for damages that were directly caused by the incident.
- Uncertain outcome: There is no guarantee of winning or receiving the desired compensation. If the plaintiff loses, they usually cannot refile. If a case is dismissed, a plaintiff may refile under certain conditions, though it is generally not allowed.
Deciding between a claim and a lawsuit depends on the case’s specifics. It’s a good idea to consult an attorney who can explain your options and guide you through the process. Most attorneys work on a contingency basis, which means you will not owe any fees unless you win a settlement.
FREE Consultation and NO Upfront Legal Fees
Our highly rated Stockton personal injury lawyers offer a free, no-risk consultation where you can ask questions and discuss the facts of your case. We accept cases on a contingency basis only.
Call our office at (209) 323-5126 to schedule a free consultation.
