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

Understanding how a personal injury claim can become a lawsuit can help you make informed decisions about protecting your rights after an accident.

In life, the devil is often in the details. After you or a loved one is injured in an accident, the last thing you may want to add to your list of concerns is figuring out the differences between legal terms you thought you already understood. Unfortunately, there are important differences between related terms such as a personal injury claim and a personal injury lawsuit.

Understanding these differences can help you better understand the legal process and the options that may be available as you move forward in your recovery. In part one of this series, we discussed some of the key aspects of a personal injury claim. In this installment, we take a closer look at what makes up a personal injury lawsuit and how a personal injury claim can potentially become a lawsuit.

Quick Take: Claim vs. Lawsuit

A personal injury claim generally involves seeking compensation through an insurance company or another responsible party outside of court. A personal injury lawsuit is a formal legal action filed in court when a dispute cannot be resolved through the claims process or when litigation becomes necessary to protect the injured person’s legal rights.

What Is a Personal Injury Lawsuit?

A personal injury lawsuit is a formal legal action filed in court. Unlike an insurance claim, which is generally handled through negotiations with an insurance company or another responsible party, a lawsuit brings the dispute into the judicial system.

Through a lawsuit, the injured person asks the court to evaluate the circumstances of the case and determine whether compensation may be available for injuries and other legally recoverable losses.

A Lawsuit Does Not Automatically Mean a Trial

Filing a lawsuit does not necessarily mean that the case will ultimately be decided by a jury. Many cases continue to be negotiated after litigation begins and may resolve through settlement before reaching trial.

Key Features of a Personal Injury Lawsuit

Personal injury lawsuits follow formal legal procedures and timelines. While every case is different, several important features commonly arise once litigation begins:

The lawsuit generally begins when the injured person, known as the plaintiff, files a legal complaint against the defendant.
The defendant must generally be formally served with the lawsuit and given an opportunity to respond.
The parties may enter the discovery process, during which they can request documents, obtain evidence, and take depositions.
Both sides may file motions asking the court to make decisions about legal or procedural issues.
The case remains subject to settlement negotiations, mediation, or other potential forms of resolution before trial.

Discovery can be an especially important part of litigation because it may provide access to evidence that is more difficult to obtain during an ordinary insurance claim. Depending on the circumstances, this could include documents, records, witness testimony, surveillance evidence, and other information relevant to the dispute.

How a Personal Injury Claim Can Become a Lawsuit

A personal injury claim and a personal injury lawsuit are often connected. In many situations, an injured person first attempts to resolve their case through the claims process. If the parties cannot reach an acceptable resolution, litigation may become an option.

The path from an accident to a lawsuit can vary significantly depending on the circumstances. However, a general progression may include the following steps.

Step 1: The accident occurs and injuries are documented

After an accident, the injured person may seek medical care and begin preserving information about the incident, including photographs, witness information, medical records, and other relevant evidence.

Step 2: A personal injury claim is submitted

A claim may be presented to the responsible party’s insurance company along with information and documentation supporting the injured person’s request for compensation.

Step 3: Negotiations take place

The injured person or their attorney may negotiate with the insurance company. This process may involve settlement offers, counteroffers, requests for additional information, and disagreements about liability or damages.

Step 4: A lawsuit may be filed if the dispute is not resolved

If negotiations fail or filing suit becomes necessary to protect the injured person’s legal rights, a lawsuit may be filed before the applicable statute of limitations expires.

Step 5: The parties exchange evidence during litigation

The case may proceed through discovery, depositions, motions, mediation, and continued settlement negotiations.

Step 6: The case resolves through settlement or trial

Many cases resolve through settlement, while others may proceed to trial if the parties cannot reach an agreement.

The Personal Injury Lawsuit Process at a Glance

Legal processes can feel overwhelming after an accident. Scroll horizontally through the interactive guide below to explore the general stages that may occur when a personal injury claim develops into a lawsuit.

Document the Accident

Medical records, photographs, witness information, and other evidence may help document what happened and how the accident affected you.

Submit a Claim

A request for compensation may be presented to the appropriate insurance company or responsible party.

Negotiate

The parties may exchange information and negotiate regarding responsibility and the value of the claimed damages.

File a Lawsuit if Necessary

If the dispute cannot be resolved or legal deadlines make litigation necessary, the injured person may file a formal lawsuit.

Exchange Evidence

Discovery may allow the parties to obtain documents, testimony, and other evidence relevant to the case.

Settlement or Trial

The case may resolve through a negotiated settlement or continue to trial when the parties cannot reach an agreement.

Why Might Someone File a Personal Injury Lawsuit?

Filing a lawsuit can be more expensive and time-consuming than resolving a claim through negotiation. However, there are circumstances in which litigation may become an important option.

The insurance company may deny responsibility for the accident.
The parties may disagree about who caused the injuries.
The available settlement offer may not adequately address the claimed damages.
Important evidence may need to be formally requested through the discovery process.
Multiple potentially responsible parties may be involved.
The injured person may need to take legal action before an applicable deadline expires.

Timing Can Matter

Personal injury cases are subject to legal deadlines. The amount of time available to file a lawsuit can depend on the type of case and other circumstances. Waiting too long may affect a person’s ability to pursue a claim, so it can be important to seek legal guidance promptly.

The Importance of Evidence During a Lawsuit

One significant difference between an insurance claim and a lawsuit is the formal discovery process available during litigation. Discovery may allow each side to request information and evidence from the other.

Depending on the circumstances of the case, this process may involve requests for documents, written questions, depositions, expert analysis, and other forms of evidence gathering. This information may help clarify disputed issues involving liability, injuries, damages, or other important aspects of the case.

Why Preserving Evidence Early Can Be Important

Evidence can disappear or become more difficult to obtain over time. Photographs, surveillance footage, witness memories, vehicle information, and medical documentation may all become important depending on the circumstances of an accident. Taking steps to preserve relevant information early can help protect a potential claim.

Contact Patel Law, PC

There are many reasons that speaking with a personal injury attorney early in the process may be beneficial. Understanding your legal options and the differences between an insurance claim and a lawsuit can help you make more informed decisions about how to move forward.

Whether you are just beginning to consider how to approach your injuries after an accident or are unsure how to proceed with an existing claim, the experienced Decatur personal injury attorneys at Patel Law, PC can help you understand the legal process and the options available in your circumstances.

Frequently Asked Questions About Personal Injury Claims and Lawsuits

What is the difference between a personal injury claim and a lawsuit?

A personal injury claim is generally handled through negotiations with an insurance company or responsible party. A lawsuit is a formal legal action filed in court.

Does filing a lawsuit mean my case will go to trial?

No. Filing a lawsuit does not automatically mean that a trial will occur. Cases may still resolve through negotiations, mediation, or settlement after litigation begins.

Can I negotiate with an insurance company after filing a lawsuit?

Settlement negotiations can continue after a lawsuit has been filed. The parties may reach an agreement at different stages of the legal process.

Why is discovery important in a personal injury lawsuit?

Discovery is a formal process that can allow the parties to obtain documents, testimony, and other evidence relevant to disputed issues in the case.

Should I speak with a personal injury attorney before filing a lawsuit?

An attorney can review the circumstances of your case, explain the legal process, identify applicable deadlines, and help you understand the options that may be available to you.

Questions About Your Personal Injury Claim or Lawsuit?

If you were injured in an accident and are unsure whether to continue negotiating an insurance claim or consider legal action, the team at Patel Law, PC can help you better understand your circumstances and potential next steps.

Our experienced personal injury attorneys assist clients throughout Illinois with personal injury claims and lawsuits and can provide guidance throughout the legal process.