Personal injury claim vs. personal injury lawsuit | What you need to know
There lies confusion between the terms lawsuit and claim. There is a clear distinction between the two words. Generally, claims precede a lawsuit. If a personal injury claim can not be resolved, a lawsuit will follow. Claims are settled outside of court, whereas a lawsuit is a dispute that has been brought to court. Many people believe most personal injury cases are brought to court; however, according to the Department of Justice, fewer than 4% end up in trial.
What is the difference between settling vs. going to trial?
Most personal injury claims are settled outside of court because it is less expensive and less time consuming for everyone involved. The opposing counsel typically tries to settle as quickly as possible, typically undervaluing your case. If you accept the offer, the plaintiff potentially leaves thousands of dollars on the table. However, if you are happy with your settlement, you can accept the offer and be done.
If, however, you are offered a low settlement based on your losses, it might be beneficial to file a personal injury lawsuit and take your case to court and argue before a judge and jury.
What is the difference between a personal injury claim vs. a personal injury lawsuit? Pros and Cons
There are pros and cons to filing a personal injury lawsuit vs. a personal injury claim. Below we have outlined more detail to understand what you can expect and how our personal injury attorneys at Advocates USA can help you.
Personal injury claim
A person can file a personal injury claim after suffering injuries in an accident against the party responsible for the accident or their insurance company. You must prove your financial losses, personal injuries, or property damage derived from someone else’s negligent actions.
Once a personal injury claim is submitted to the opposing council’s insurance company, the adjusters will review the claim and accept the claim as is, accept but make a counteroffer, or reject the claim. Our personal injury attorneys at Advocates USA work with the claimant and negotiate on their behalf for a fair settlement for the defendant based on their personal and financial losses.
What are the benefits of settling a personal injury claim out of court?
- You typically receive your settlement quicker
- Less paperwork and headaches
- You save money and time from the court and attorney fees
- You have a better understanding of what your case is worth
What are the drawbacks to settling a personal injury claim out of court?
- The settlement may not cover your complete damages
- The insurance adjuster has the final say in how much you will be compensated for.
- Your claim could be dragged out, leaving you in a bad financial situation.
Personal injury lawsuit
A personal injury lawsuit is similar to a personal injury claim in that a victim can file a claim against the party responsible for the accident to recover compensation for their losses. The only difference is a personal injury lawsuit goes to court to argue their case before a judge and jury. The verdict is final, and both parties must submit to it.
A lawsuit is filed against the at-fault party when the victim is not satisfied with the opposing insurance companies settlement offer. A personal injury attorney will represent the victim, manage their case, and argue their case in court.
What are the benefits of filing a personal injury lawsuit?
- You can potentially receive a higher settlement that better reflects your losses.
- You may be awarded punitive damages given to you by the judge for the negligent, reckless, or intent to harm behavior.
- A neutral party will view your case.
What are the drawbacks of filing a personal injury lawsuit?
- Your legal and court fees can increase significantly.
- The outcome is not assured.
- Court cases are typically long and drawn out, far beyond the initial claim.
How a personal injury lawyer in Florida can help you
Navigating the legal system can be intimidating and challenging regardless of filing a personal injury claim or lawsuit. Our attorneys at Advocates USA will investigate your case and determine fault and liability so we can help you decide which avenue to proceed with to give you the best outcome. Let us manage your case while you focus on recovering.
Call Advocates USA today to get a free case evaluation for a personal injury attorney in Florida by dialing 1-800-872-4878.