Personal Injury Claim and Lawsuit: What are the Differences?

Personal injury claims happen every day; in fact, they occur in the thousands. The problem is that people seem to get them confused with lawsuits. Not everything is like movies or TV shows; suits are not as common as people like to think.

There are noticeable differences between a claim and a lawsuit, and it is essential to know these differences. Why? The fact is that you may someday have to make a claim, hopefully not, but the odds are that it could realistically occur. Here are the differences between a personal injury claim and a lawsuit.

What Classifies as a Personal Injury?

The first thing you need to know is what a personal injury is. While there are plenty of examples out there on how you can get hurt, many people get them confused and end up making unjustified claims.

Common types of personal injuries include (but are not limited to):

● Slips and falls

●     Workplace accident (slip, dropping something, hitting your head, etc.)

● Vehicle accident

● Harm from a faulty product

● Medical malpractice

● Pedestrian accident

These are some of the most common ways people end up being involved in a personal injury claim. As you can see, they can happen anywhere. Assault or bodily harm caused by another person usually does not qualify as personal injury and is usually an entirely different and more severe crime, not a claim. It is essential to know what is and isn’t a personal injury.

Injury Claim Process

When it comes to a personal injury case, the first step is a claim, which is a significant difference when determining a claim and a lawsuit. Claims always come before a lawsuit in a personal injury case because a lawsuit results from the claims process. As part of the claims process, there is a lot that involves the collaboration between the claimant (the injured) and the insurance company. 

The reasoning for this is that the insurance company is the first one to determine if there is proper compensation that needs to be rewarded. It is crucial to have an attorney, and the expert legal guidance at KerleySchaffer.com shows why it can be challenging for people to communicate with these companies. They can help determine financial losses resulting from personal injury, emotional damages, and the level of responsibility that falls on the individual(s) or group(s) that caused the incident in question.

Lawsuit Process

After the injury claim process comes to the lawsuit, as mentioned, the claim comes first because there is a high chance that the insurance company or the parties involved will come to an agreement and reward compensation for a personal injury. When these insurance companies do not agree, the parties responsible do not believe they were responsible for the injuries in the incident. When this is the result, a lawsuit may occur.

Lawsuits are not glamorous affairs like they are in the movies. They can be long, they can be arduous, and they can take a toll on your mental health. This is another reason why legal guidance is always a good idea when dealing with insurance companies, especially for a personal injury claim resulting in a lawsuit. If the offered compensation is too low or the insurance company denies your claim, then a case may be the next logical step. This is one of the main differences that people are unaware of. The claim comes first, then potentially, a lawsuit may follow.

What are the Results of a Personal Injury Claim or Lawsuit?

You can expect many different results based on a claim or a lawsuit. A claim can be settled out of court for reasonable or expected compensation for the injuries, or it can be denied. A lawsuit may result in a short proceeding that is resolved quickly by a judge or court, or it can be drawn out if the defendant is still unwilling to compromise. Regardless, there may be compensation awarded for medical expenses, emotional damages, lost wages, and possibly punitive damages. These are the results that can be expected from a claim/lawsuit.

Personal injury cases can be in the form of claims or lawsuits, but they are not the same. Many people believe they are the same, but there are noticeable differences, as you can now see. If you ever are in this situation, you now know what those differences are.