What’s the Difference between a Personal Injury Lawsuit, and a Personal Injury Claim? Part II
In life, the devil is often in the details. After you or a loved one are injured in an accident, the last thing you want to add to your list of things to figure out is parsing out the differences between legal terms you thought you already knew about. Unfortunately, there are real differences between related terms like “personal injury claim” and “personal injury lawsuit.” It is important that you understand the differences between these two claims, in order to understand which path you want to pursue as you move forward in your recovery.
In part one of this series we began the discussion on what the key aspects are of a personal injury claim. Now, we dive deeper into the key aspects that make up a personal injury lawsuit, and how a personal injury claim can become a personal injury lawsuit. Read on for some general discussion. To receive formal, nuanced counsel on the circumstances of your own case, contact an esteemed personal injury attorney with Patel Law, PC.
What is a Personal Injury Lawsuit?
A personal injury lawsuit is a formalized legal action that is filed in court. The personal injury lawsuit will bring a dispute into the judicial system and ask the court to assess the case and award damages (money) for injuries and other losses.
Key features of a lawsuit:
- The personal injury lawsuit begins when the plaintiff files a complaint and serves the defendant.
- Filing of the suit will trigger a pretrial process. This means that discovery will begin. This involves both sides requesting documents to use as evidence, submitting depositions (sworn witness testimony taken outside of court), and both sides submitting motions.
- Lawsuits follow strict procedural timelines and rules of evidence. However, the parties can decide to end the lawsuit and settle at any time prior to trial.
Filing a personal injury lawsuit can be costly and time-consuming, especially in comparison to pursuing a personal injury claim instead. However, it is sometimes necessary in order to pursue your rights, force disclosure of evidence, and/or obtain the real value of your claim if the other party is refusing to agree to a fair settlement. Courts can also reward punitive damages in some cases that insurers might find motivating.
How a Claim Becomes a Lawsuit
A typical personal injury claim to personal injury lawsuit pipeline may look like the following:
- Accident occurs, and the injured seeks medical care, documenting the accident and their injuries.
- The injured party files a personal injury claim with the at-fault party’s insurer. This includes submitting evidence such as medical records, bills, etc.
- A negotiation takes place between the injured party (or their personal injury attorney) and the insurer to come back with offers, and potentially counteroffers.
- If negotiation fails, the injured party may choose to file a lawsuit BEFORE the statute of limitation expires. (Lawsuits will fail if they are not filed prior to the statute of limitation expiring.)
- Pretrial litigation, which includes discovery, and possible mediation or settlement.
- Trial (rare) or settlement.
Contact Patel Law, PC
There are many reasons that engaging with a personal injury attorney early-on in your personal injury case can benefit you. Negotiating with the other party from a position of experience and knowledge can help ensure that you stand firm on issues that deserve you fighting for. Our experienced legal team can help. Whether you are just considering how to approach your injuries after your accident, or you find yourself unsure of how to proceed, contact one of our respected Decatur personal injury attorneys at Patel Law, PC. We can help you navigate whatever legal hurdles you might face.
Sources:
capitolnewsillinois.com/news/dems-move-to-allow-punitive-damage-awards-in-wrongful-death-lawsuits/
lawsuit-information-center.com/ilinois_personal_injury_verdic.html
