While the term lawsuit is used often in society, it is frequently misunderstood. Many people think claims and lawsuits are the same when, in fact, they can mean different things. If you have been injured due to someone else’s negligence, you may have the option of resolving your case through a personal injury claim or taking your case to court with a lawsuit.
But which option is best for you? How do you know which path to take? An experienced personal injury attorney can explain the differences and advise you on which option is best for your particular case.
What Is a Personal Injury Claim?
While many people think most personal injury cases go to court, this is not true. According to U.S. Department of Justice statistics, the vast majority of cases are settled before reaching this point. This is often done by filing an insurance claim with the at-fault party’s insurance provider. So, if you hear someone say “personal injury claim” they may be referring to an insurance claim (they might also be referring to your claim in a more abstract, legal sense).
For example, if you were injured in a car accident, you might file a claim with the at-fault driver’s liability insurance carrier (however, it will depend on your chosen type of car insurance). If you were injured due to a healthcare provider’s negligent care, you would file a claim with their medical malpractice insurance.
To recover compensation in a personal injury claim, you would need to submit evidence to the insurance company’s satisfaction that the defendant was responsible for your injuries and the value of those damages. An insurance adjuster is assigned to the claim, investigates it, and considers whether to accept or deny it.
If they accept responsibility, they negotiate a value for the claim. A personal injury lawyer can help with this process by preparing the claim and negotiating for fair compensation.
What Is a Personal Injury Lawsuit?
A personal injury lawsuit is a formal complaint filed in court demanding that the defendant pay for the damages they caused. Personal injury lawyers help with this process by preparing the complaint, filing pre-trial motions, and participating in discovery, which is the formal exchange of evidence and information before a trial.
Even after the plaintiff files a lawsuit, the parties can still settle their case. The judge may encourage them to settle during pre-trial conferences or even order them to mediation.
If the parties don’t settle their case, they proceed to trial. At trial, the plaintiff’s attorney gives an opening statement, calls witnesses, presents evidence, and gives a closing statement. The defendant can do the same. The attorneys also have the right to make objections and cross-examine witnesses.
At the end of the trial, the judge or jury renders a verdict and, if applicable, decides the amount of damages to award.
Pros of Personal Injury Claims
Personal injury claims (using the word in the sense of an insurance claim) offer several advantages, including:
- Less expensive than litigation
- Certain outcome
- Faster receipt of compensation
By filing an insurance claim, you may be able to recover the compensation you need to pay for your medical bills and make up for lost income faster, which are important considerations for your daily life.
Cons of Personal Injury Claims
There are also a few disadvantages to personal injury claims, including:
- No official admission of guilt
- Money may be left on the table
- The insurance company has the final say over how much compensation you receive
You risk not recovering as much money as you may be able to receive if you take your case to court. Also, not every personal injury case will involve an insurance company (though most do).
Pros of Personal Injury Lawsuits
Filing a personal injury lawsuit offers some benefits, including:
- Public allegations against the responsible party
- A neutral party decides the case
- More compensation possibile
- Possibility of receiving punitive damages in addition to the economic and non-economic damages you receive
For many claimants, it’s important to have their day in court.
Cons of Personal Injury Lawsuits
Personal injury lawsuits can have several notable risks, including:
- Uncertain outcome
- Possibility of receiving no compensation
- The case can take months or years to resolve
- More expensive
- Any information about the court case, judge, or lawyers
Filing a personal injury lawsuit can be risky, so it’s important you carefully weigh your options.
A Lexington Personal Injury Lawyer Can Help You Decide
If someone else is responsible for your accident, an experienced personal injury lawyer can help you navigate the legal system and decide which option is best for you. Ross Mann Personal Injury Lawyers can investigate your case, prove fault, and negotiate for fair compensation. If the insurance company doesn’t offer a fair settlement, your lawyer can discuss the option of pursuing your case in court.
Our Lexington personal injury attorneys have decades of combined experience you can rely on to guide you through the claims process. Our zealous efforts have allowed us to recover over $150 million for our deserving clients. Contact us today or call us at (859) 413-3900 to take advantage of a free, no-obligation consultation.