Personal Injury Claims vs. Lawsuits: Key Differences and Processes

 Posted on April 07, 2023 in Personal Injury

When faced with the aftermath of an injury caused by someone else’s negligence, the injured party may be unsure about the best course of action to obtain compensation for their losses. Two common legal avenues are personal injury claims and lawsuits. Although these terms are often used interchangeably, they represent different stages of the personal injury process. Today, we will discuss the essential differences between personal injury claims and lawsuits and help guide you through the steps involved in each. Remember, to best understand your legal options at this time, do not hesitate to contact a personal injury attorney to ensure your rights are protected throughout the process as you pursue the compensation you may be entitled to.

Personal Injury Claims

A personal injury claim is typically the initial step an injured party takes to seek compensation for their damages, such as medical costs, lost wages, and pain and suffering. The claim is filed with the at-fault party’s insurance company, initiating a negotiation process between the injured party or their attorney and the insurance adjuster. A personal injury claim aims to reach a satisfactory settlement without resorting to a lawsuit. The claim process involves gathering evidence to support the injured party’s case, such as medical records, witness statements, and documentation of lost wages. Negotiations between the parties can continue until both sides agree on a fair settlement amount. If an agreement cannot be reached, the injured party may decide to file a lawsuit.

Personal Injury Lawsuits

Personal injury lawsuits are formal legal actions initiated when the claim process fails to result in a satisfactory settlement or when the statute of limitations is about to expire. The lawsuit is filed in a civil court, and the injured party must prove the defendant’s negligence caused their injuries. The lawsuit is more complex and time-consuming than the claim process and involves several stages, including:

• Filing a complaint – The plaintiff’s attorney drafts and files a legal document outlining the allegations against the defendant and the damages sought.
• Discovery – Both parties exchange evidence, request documents and conduct depositions.
• Pre-trial motions – Attorneys for both sides may file motions to resolve specific issues before trial.
• Trial – If the case proceeds to trial, both sides will present their arguments and evidence to a judge or jury, who will decide the outcome.
• Appeal – Either party may appeal the court’s decision if they believe a legal error occurred during the trial.

Contact a Fort Collins Personal Injury Attorney

For matters relating to personal injury, feel free to contact the highly skilled Larimer County personal injury lawyers with Hoggatt Law Office, P.C.. Call 970-225-2190 for a free consultation.

Source - https://www.forbes.com/advisor/legal/personal-injury/personal-injury-lawsuit/