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

In parts one and two of this series, we began the discussion of what a personal injury claim is, what a personal injury lawsuit consists of, and how the former may lead to the latter. This installment in this series is meant to continue that conversation, and further discuss the reasons that claimants might choose to pursue a lawsuit. We will also generally discuss notions of timing, costs, and statistics available for these suits, as well as practical pros and cons of personal injury claims vs personal injury lawsuits. For formal legal advice, contact an experienced personal injury attorney with Patel Law, PC.

Reasons Claimants Pursue Lawsuits

There are many reasons that a person who files a personal injury claim may end up pursuing a personal injury lawsuit. These reasons include:

• The insurer denies responsibility for the claim, or offers an unreasonably low amount.
• Liability for the claim is disputed, and the claimant needs to force the production of essential evidence (such as subpoenas for surveillance video, or internal records.)
• Multiple responsible parties are involved, and there are complex liability issues.

Filing a lawsuit does not automatically mean that the parties will be going to trial. It is, however, an important procedural step that protects your rights and can increase leverage, which can be needed to obtain fair resolutions against some defendants.

Costs, Timing, and What Statistically Happens to Most Personal Injury Cases

Understanding a typical timeline can help claimants understand what to expect:

• Most claims resolve without ever going to trial. The data shows that most civil cases settle outside of court with no need for a full trial. Only a small portion of personal injury matters actually reach a courtroom.
• Average settlement amounts drastically vary. Many small cases settle for a few thousand dollars, while catastrophic cases can produce recoveries in the millions of dollars. It is important to have sound legal counsel assess your case, so you can understand what to expect and why. There is a lot of data and case history that can inform what you should expect in negotiation.

A lawsuit can be used as a tool to obtain fair value, it is not the default outcome of filing a claim or suit. Most claims are resolved before going to trial. But, negotiation is often more successful when claimants understand the legal process, preserve evidence early, and have sound legal counsel helping them to navigate what they need to know.

Practical Pros and Cons: Claim vs. Lawsuit

Consider the following when considering whether to accept a claim settlement offer, or whether you want to move forward with litigation.

Advantages of resolving a claim:

• Faster and less expensive than full litigation.
• Potential for a private, confidential settlement.
• Greater control over timing and terms such as structured payments.
• Lower stress and fewer courtroom appearances.

Disadvantages of settling:

• Early offers from insurance are often low. Insurers are often best served by testing a willingness to accept quick resolutions.
• You might unknowingly settle for less than your full future medical or disability needs.
• Once a settlement is agreed to, you generally forfeit the right to additional recovery in many circumstances.

Advantages of filing a lawsuit:

• If you file, you do not have to worry about the statute of limitations running out.
• Formal discovery can grant you greater access to evidence.
• Lawsuits put pressure on insurers to negotiate seriously.

Disadvantages of litigation:

• More expensive and time-consuming.
• The trial will be on public record, and you could potentially have to deal with appeals.
• Trial outcomes are uncertain; a jury could award less than the settlement offer.

Deciding which path is right for you depends on the strength of your case, extent of injuries, and your feelings when it comes to time and risk. An experienced personal injury attorney can help.

Contact Patel Law, PC

Our office has helped countless clients assess their circumstances and navigate their personal injury claims and lawsuits with confidence.  Contact one of the respected Champaign personal injury attorneys at Patel Law, PC today to begin working with our team.

Sources:

lawsuit-information-center.com/ilinois_personal_injury_verdic.html

insurancebusinessmag.com/us/news/legal-insights/nautilus-insurance-challenges-duty-to-defend-in-1-million-injury-suit-544926.aspx