If you’ve been injured in an accident, you may hear the terms personal injury claim and personal injury lawsuit used interchangeably. While they are closely related, they are not the same thing. Understanding the difference between a claim vs. a lawsuit can help you make informed decisions about pursuing compensation after an injury.
Below, we break down what a personal injury claim is, what filing a claim means, when a lawsuit may be necessary, and how a Rockford personal injury lawyer can help guide you.
What Is a Personal Injury Claim?
A personal injury claim is a request for compensation made by an injured individual after being hurt in an accident. In most cases, this claim is filed with an insurance company rather than a court.
A person files a personal injury claim when they’re harmed due to the actions or inactions of another. The claim enables the injured party to seek compensation for their injuries from the person, people, or organization responsible.
So, what is a claim in law? In simple terms, an injury claim is a formal demand stating that another party is legally responsible for your injuries and should pay for the resulting damages. These damages may include medical expenses, lost wages, pain and suffering, and other losses tied to the injury.
Common situations where a personal injury claim may be necessary include car accidents, medical malpractice, and slip and fall incidents.
What Does Filing an Injury Claim Mean?
Many people ask, “What does filing a claim mean?” Filing a personal injury claim typically involves notifying the at-fault party’s insurance company that you were injured and believe their insured is responsible. Once a claim is filed, the insurance company will usually:
- Review accident reports and medical records
- Investigate liability
- Evaluate the extent of your injuries
- Attempt to negotiate a settlement
At this stage, no lawsuit has been filed, and no court is involved. The goal is to resolve the matter through negotiation before litigation becomes necessary.
When Should You File a Personal Injury Claim?
Filing a personal injury claim is often the first step after an accident, especially when injuries are clearly linked to someone else’s negligence. You may want to file a claim if:
- You suffered injuries requiring medical treatment
- The other party was clearly at fault
- An insurance policy is available to cover your damages
- You missed work or experienced reduced earning capacity as a result of your injuries
- Your injuries will require ongoing treatment/therapy
- You want to pursue compensation without going to court
Claims can often be resolved more quickly and with less expense than lawsuits. However, filing a claim does not guarantee a fair outcome, particularly when insurance companies attempt to minimize payouts.
When You Should Not Rely On a Claim Alone
While many cases begin as claims, not all claims lead to fair settlements. You may not want to rely on a claim if:
- The insurance company denies liability
- The settlement offer does not cover your losses
- Your injuries are serious or long-term
- There are disputes over fault or damages
In these situations, pursuing a lawsuit may be necessary to protect your best interests and financial stability.
What Is a Personal Injury Lawsuit?
A personal injury lawsuit comes into play if the claim cannot be settled through negotiations. It involves formally filing a complaint in court against the defendant(s) responsible.
Unlike a claim, a lawsuit is a legal action handled within the court system. Once a lawsuit is filed, the case follows formal legal procedures, including discovery, motions, and possibly a trial. To have a valid personal injury claim or lawsuit, several important elements must be present. A person simply being injured is not enough to file a successful case.
Typically, a plaintiff must show that:
- The defendant owed a duty of care
- That duty was breached
- The breach caused the injury
- Actual damages resulted
When Is a Personal Injury Lawsuit Necessary?
A lawsuit may be necessary when negotiations fail or when the insurance company refuses to pay. Personal injury lawsuits are more common in cases involving:
- Severe or permanent injuries
- High medical expenses or lost income
- Disputed liability
- Multiple responsible parties
Although lawsuits take longer than claims, they can provide injured individuals with a clear path to fair compensation.
Summary: Differences Between Claims and Lawsuits in Personal Injury Cases
The main differences between claims and lawsuits in personal injury cases come down to processes and formality.
A personal injury claim:
- Is handled outside of court
- Usually involves insurance companies
- Typically moves faster and is less expensive than a lawsuit
A personal injury lawsuit:
- Is filed in court
- Follows formal legal procedures
- May take longer than a claim settlement, but offers additional legal enforcement
Many cases start as claims and only become lawsuits if necessary.
Injured In an Accident? Crosby Law Firm Can Help
Navigating legal decisions can be overwhelming, especially while recovering from an injury. At Crosby Law Firm, Attorney Michael Crosby helps injured clients in Rockford, IL, understand their options and take the next appropriate steps based on the facts of their case.
Whether your case can be resolved through a personal injury claim or requires filing a lawsuit, our attorney will provide straightforward guidance. He will handle all communications with insurers and work to protect your best interests.
If you’ve been injured and are unsure whether to file a claim or pursue a lawsuit, speaking with an experienced personal injury lawyer can help you make an informed decision. Contact Crosby Law Firm today to schedule your consultation. We’ve been representing accident victims throughout Northern Illinois since 1980.
