As a Personal Injury Attorney, I have seen many clients who are confused about the difference between a personal injury claim and a lawsuit. While both terms are often used interchangeably, they actually refer to two distinct legal processes. In this article, I will explain the difference between a personal injury claim and a lawsuit, and when each one is appropriate.
What is a Personal Injury Claim?
A personal injury claim is a request for compensation made by an individual who has been injured due to the negligence or wrongdoing of another party. This can include injuries sustained in car accidents, slip and falls, medical malpractice, and more.The purpose of a personal injury claim is to seek financial compensation for the damages caused by the accident, such as medical expenses, lost wages, and pain and suffering. In order to file a personal injury claim, you must first establish that the other party was at fault for your injuries. This is known as proving liability. In most cases, this involves showing that the other party was negligent in some way. For example, if you were injured in a car accident caused by a drunk driver, you would need to prove that the driver was negligent by driving under the influence of alcohol. Once liability has been established, you can then move on to determining the damages you are entitled to.
This includes both economic damages (such as medical bills and lost wages) and non-economic damages (such as pain and suffering). Your personal injury attorney will help you gather evidence and calculate the total amount of damages you are owed.
What is a Lawsuit?
A lawsuit, also known as a personal injury lawsuit, is a legal action taken against the at-fault party in a personal injury claim. It is a formal process that involves filing a complaint with the court and going through the legal system to seek compensation for your injuries. Unlike a personal injury claim, which is often settled out of court, a lawsuit can go to trial if a settlement cannot be reached. One of the main differences between a personal injury claim and a lawsuit is the involvement of the court.In a personal injury claim, you are negotiating with the at-fault party's insurance company to reach a settlement. In a lawsuit, you are taking legal action against the at-fault party directly. This can be a lengthy and complex process, which is why it is important to have an experienced personal injury attorney on your side. Another key difference between a personal injury claim and a lawsuit is the burden of proof. In a personal injury claim, you only need to prove that the other party was negligent in order to receive compensation.
In a lawsuit, you must prove your case beyond a reasonable doubt, which is a much higher standard of proof. This is because in a lawsuit, you are seeking not just compensation, but also justice for the harm that has been done to you.
When Should You File a Personal Injury Claim vs Lawsuit?
So when should you file a personal injury claim and when should you file a lawsuit? The answer depends on the specific circumstances of your case. In general, if your injuries are relatively minor and liability is clear, it may be more beneficial to file a personal injury claim. This can save time and money, as well as avoid the stress of going to court. However, if your injuries are more severe and the at-fault party is disputing liability, it may be necessary to file a lawsuit.This is also true if the insurance company is offering a low settlement amount that does not fully cover your damages. In these cases, a lawsuit may be the best way to ensure you receive fair compensation for your injuries.
