Personal Injury Claim vs. Lawsuit: What Is the Difference?

After suffering severe injuries in a Kentucky accident due to the negligence of another party, you have the right to seek compensation for your injuries and damages. In personal injury cases, it is common to see the terms ‘claim’ and ‘lawsuit’ used interchangeably. However, these are two different things. Claims and lawsuits are two different types of legal action used to recover compensation. It is crucial to understand the difference between a personal injury claim and a personal injury lawsuit. In this article, we discuss the difference between a personal injury claim and a personal injury lawsuit.

Personal Injury Claim

Usually, the first step in pursuing compensation after a personal injury is filing a personal injury claim. A personal injury claim is a type of legal action where you file an insurance claim with the at-fault party’s insurance company. You can only file a personal injury claim against the at-fault party if they have insurance to cover your accident. The goal of a personal injury claim is to reach a settlement without the need for litigation or going through a trial.

The following is what the personal injury claim process entails;

• The claimant (the injured party) notifies the at-fault party’s insurance company of their intent to file a claim. Usually, this is done by the claimant’s attorney.
• The insurance company investigates the claim.
• The claimant’s lawyer prepares and sends a demand letter to the at-fault party’s insurance company outlining the facts of the case and the amount of compensation sought.
• The two sides engage in negotiations until they reach a settlement. Negotiations can involve several rounds of offers and counteroffers.
• If the parties reach an agreement, the claimant signs a release form and receives compensation. This marks the end of the claim process.

A personal injury claim can be faster and less costly than a personal injury lawsuit. This option is also generally less complicated.

Personal Injury Lawsuit

A personal injury lawsuit is when you file your case in court. A personal injury lawsuit involves court proceedings, including discovery and trial. However, even after a lawsuit has been filed in court, it is possible to settle a personal injury case before a trial. In fact, research has found that approximately 95% of pending lawsuits end in a pre-trial settlement. When your case gets to trial, a jury or judge will decide whether the defendant is liable and the amount of compensation you should receive if the defendant is liable. After a verdict is rendered and either party believes there was a legal error that affected the outcome of the case, they can appeal the verdict.

While personal injury lawsuits can be time-consuming, expensive, and more complex, people choose this option for several reasons, including the following;

• Disputed liability
• Insufficient settlement offer
• Severe injuries requiring substantial compensation beyond what can be offered in a claim
• To hold the negligent party legally accountable through the court system

When it comes to a personal injury lawsuit, you need the legal guidance and support of a qualified personal injury attorney. You need the help of a lawyer with extensive knowledge of personal injury laws and the legal system.

Contact a London and Southeast Personal Injury Attorney

If you’ve suffered a personal injury, contact our qualified London and Southeast Kentucky personal injury attorneys at Cessna & George Law Firm for help recovering the compensation you need and deserve.