What’s the Difference between a Personal Injury Lawsuit, and a Personal Injury Claim? Part I
Understanding the difference between a personal injury claim and a lawsuit can help you make more informed decisions about protecting your rights after an accident.
There are many decisions that must be made after you are injured in a car accident. Unfortunately, among all of the change and confusion you may already face after a serious accident, you may also need to understand legal terms that many people do not think about until they apply to their own situation.
For example, you may hear that you should “file a personal injury claim” or “file a personal injury lawsuit.” While these phrases are sometimes used casually, they do not mean the same thing. Pursuing a personal injury claim and pursuing a personal injury lawsuit can lead you down different paths and may affect how you interact with insurance companies, preserve evidence, and pursue compensation.
In this blog series, we will plainly explain personal injury claims and personal injury lawsuits, why some personal injury claims eventually become lawsuits, and some of the potential advantages and disadvantages of each course of action. For legal advice regarding your own circumstances, contact an experienced personal injury attorney with Patel Law, PC.
Quick Answer: What Is a Personal Injury Claim?
A personal injury claim is generally a request for compensation made to an insurance company or responsible party after an injury. Unlike a lawsuit, a claim is typically handled outside of court and may involve submitting evidence, negotiating with an insurance adjuster, and attempting to reach a settlement.
What Is a Personal Injury “Claim”?
When you file a personal injury claim, you are asserting to an insurance company or the at-fault party that they may have a legal responsibility to address losses associated with your injury. This can include seeking compensation for consequences of the accident that you believe the responsible party should cover, such as medical expenses, lost wages, and other accident-related losses.
A personal injury claim is not the same as a lawsuit fought in court. Instead, a claim is generally handled outside of the courtroom and may be one of the first steps an injured person takes after an accident.
Claim vs. Lawsuit at a Glance
A personal injury claim generally involves communicating and negotiating with an insurer or responsible party outside of court. A personal injury lawsuit is a formal legal action filed within the court system. A claim may resolve without a lawsuit, but in some situations, a lawsuit may become necessary.
Key Features of Personal Injury Claims
While every case is different, personal injury claims commonly involve several important stages and features:
- Submitting the claim: A claim is often initiated by contacting an insurance company and providing information about the accident and resulting injuries. The insurer may request supporting evidence, such as medical records, medical bills, photographs, and other documentation.
- An investigation by the insurer: A claims adjuster may evaluate issues involving liability, damages, and the available evidence.
- Negotiation: The parties may exchange information and negotiate in an effort to reach an out-of-court settlement.
- A potentially extended process: Some claims may be resolved relatively quickly, while others can take longer when there are disagreements about liability, the severity of injuries, or the value of damages.
Explore the Personal Injury Claim Process
Scroll horizontally through the stages below to explore how a personal injury claim may progress.
Report the Accident
After an accident, important information may need to be gathered regarding what happened, who was involved, and what injuries or losses resulted. Documentation can become important when presenting a claim.
Notify the Insurance Company
A personal injury claim often begins with notifying the relevant insurance company and providing basic information about the accident and your injuries.
Provide Supporting Documentation
The insurance company may request evidence supporting the claim, including medical records, medical bills, photographs, accident reports, and documentation of other losses.
The Claim Is Evaluated
An insurance adjuster may review the available information and evaluate questions involving responsibility for the accident, the nature of the injuries, and the damages being claimed.
Negotiation and Possible Resolution
The parties may negotiate in an effort to reach a settlement outside of court. If a fair resolution cannot be reached, an injured person may need to consider additional legal options.
Why Do Many People Begin With a Personal Injury Claim?
Personal injury claims are often one of the first avenues pursued by people who have suffered injuries because the process can be less formal than filing a lawsuit and may involve fewer up-front costs. When a fair settlement can be reached, resolving a claim outside of court may also avoid the time and procedural requirements involved in formal litigation.
However, pursuing a claim does not necessarily mean that an insurer will immediately agree with your position regarding liability or the value of your injuries. Disagreements may arise regarding who was responsible for the accident, whether certain injuries were caused by the accident, or the amount of compensation being sought.
An Early Offer Is Not Always the Final Word
Insurance companies have their own interests when evaluating claims. Before accepting a settlement, it can be important to understand the nature of your injuries, your current and potential future losses, and the terms of any proposed agreement.
Why Evidence Matters During a Personal Injury Claim
The strength of a personal injury claim can depend heavily on the available evidence. Insurance companies may evaluate documentation when considering responsibility for an accident and the damages being requested.
Depending on the circumstances, relevant evidence may include accident reports, photographs, witness information, medical records, medical bills, employment records documenting lost income, and other information connected to the accident and resulting losses.
Protecting Important Information
Evidence can become more difficult to obtain over time. Photographs may be lost, witnesses may become harder to locate, and records or video footage may not remain available indefinitely. Taking steps to preserve relevant information can be an important part of protecting your ability to pursue a claim.
When Should You Consider Speaking With a Personal Injury Attorney?
An experienced personal injury attorney can help evaluate the circumstances surrounding an accident and explain the options that may be available. Legal counsel may also assist with reviewing evidence, communicating with insurance companies, evaluating settlement offers, and determining whether additional legal action should be considered.
Consulting with an attorney early in the process may help you better understand the issues involved in your case before making important decisions about settlement or other legal options.
Contact Patel Law, PC
The next installments of this series will continue the discussion by examining the key features of a personal injury lawsuit, when and why personal injury claims may become lawsuits, and some of the practical considerations involved in each path.
To discuss your own personal injury case in greater detail and receive experienced legal guidance regarding the circumstances of your claim, contact one of our respected Decatur personal injury attorneys at Patel Law, PC.
Frequently Asked Questions About Personal Injury Claims
Is a personal injury claim the same thing as a lawsuit?
No. A personal injury claim is generally pursued with an insurance company or responsible party outside of court. A personal injury lawsuit is a formal legal action filed within the court system.
What types of losses may be included in a personal injury claim?
Depending on the circumstances, a claim may seek compensation related to medical expenses, lost income, and other losses connected to an accident or injury.
Do all personal injury claims result in a lawsuit?
No. Many personal injury claims may be resolved without filing a lawsuit. However, litigation may be considered in situations where disputes cannot be resolved through the claims process.
How long does a personal injury claim take?
The timeline varies significantly depending on the circumstances of the accident, the nature of the injuries, disputes regarding liability, and the amount of documentation and negotiation involved.
Should I speak with an attorney before accepting a settlement?
Speaking with an experienced personal injury attorney may help you better understand your legal options and the potential consequences of accepting a proposed settlement.
Questions About Your Personal Injury Claim?
After an accident, understanding the difference between filing a claim and filing a lawsuit can be an important part of deciding how to move forward.
The legal team at Patel Law, PC can help you understand the circumstances of your case and discuss the options that may be available to you.
Call Patel Law, PC
217-384-1111
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Sources
National Law Review – Illinois Prejudgment Interest Discussion
Insurance Insider – U.S. Bodily Injury Verdict Trends
