What’s the Difference between a Personal Injury Lawsuit, and a Personal Injury Claim? Part I

There are many decisions that must be made after you are injured in a car accident. Unfortunately, amongst all of the change and confusion you already face after a bad accident, you may face further confusion in parsing apart the real meanings behind terms many people gloss over, until they apply to them. For example, when you hear people say that you should “file a personal injury claim,” or “file a personal injury lawsuit.” That is all well and good, but it is important to realize that those two phrases do not mean the same thing. And pursuing one or the other will lead you down different paths. Pursuing a personal injury claim vs a personal injury lawsuit will change the way you interact with insurance companies and the preservation of evidence, just to name a couple of key aspects.

In this blog series we will plainly explain personal injury claims and personal injury lawsuits, the “why” behind why some personal injury claims become personal injury lawsuits, some of the pros and cons of each course of action, and what action you should take to protect your rights. To discuss your own case with experienced legal counsel you can trust, contact a respected personal injury attorney with Patel Law, PC.

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 have a legal  responsibility to address your stated injury. This could include asking for money to address the consequences of the accident that you claim they are responsible to cover. Things like medical costs, lost wages, and other losses caused from the injury. These claims are not lawsuits fought in court. They are generally the first step taken after an accident, and negotiated outside of a court.

Key features of personal injury claims:

• Often informal, done by contacting an insurer and submitting a claim form. Their process will include requests for you to provide evidence backing up your claims, such as medical records, bills received, photos, etc.
• A claims adjuster will likely evaluate liability and damages.
• The goal of a personal injury claim is to attain an out-of-court settlement agreement. This allows the parties to resolve the issue without having to go through a lawsuit in court.
• Claims might be resolved quickly, but that is not a guarantee. They can drag on if there are disputes about party liability or the extent of damages involved.

Personal injury claims are often the first step taken by those who suffer a personal injury, because the process is faster and has less up-front costs than a lawsuit, and formal litigation. However, insurers have their own best interests in mind and an early offer will often be lower than the full value of the claim. This is why it can be truly invaluable to consult with an experienced personal injury attorney early-on in your case. They can help you to evaluate your case, the other party’s offers, and negotiate on your behalf from a position of experience.

Contact Patel Law, PC

The next installments of this series will continue this discussion and generally discuss the key features of a personal injury lawsuit, when and why personal injury claims become lawsuits, and the pros and cons of both paths. To discuss your own personal injury case in detail, and receive experienced legal counsel on the merits of your claim, contact an esteemed Decatur personal injury attorney with Patel Law, PC.

Sources:

natlawreview.com/article/buck-stops-here-or-does-it-illinois-pre-judgment-interest-statute-continues-pack

insuranceinsiderus.com/article/2encudpozf6ns66y321og/lines-of-business/commercial-lines/us-bodily-injury-verdict-top-50-awards-double-in-five-years?zephr_sso_ott=OFoH8R