If you’re dealing with an injury, be it from a car accident, a slip and fall, or any other incident, the process of seeking compensation can be confusing. Two terms you’ll likely hear during this time are “claim” and “lawsuit.” While they might sound similar, they represent different stages and processes in the journey toward getting the compensation you deserve.
Personal Injury Claim: The First Step
A claim is generally the first step in seeking compensation after an injury. It is typically a demand for payment from the insurance company of the party responsible for your injury. Often, this is the easiest and quickest way to resolve your financial issues after an accident.
You will submit this claim to the insurer and provide all evidence and documentation of your injuries and any other damages you have incurred.
How a Claim Works
When filing a claim, you’ll provide the insurance company with medical records, proof of income loss, and/or pictures of damaged property. You are basically saying, “This is what happened to me, and this is the compensation I need for my damages.”
After the claim is submitted, an insurance adjuster will review all the evidence. They’ll determine how much they think the insurance company should pay you. If they offer a fair amount, you can avoid court and settle without litigation. That’s good because a settlement can save both sides time and legal fees.
Settling a Claim
Most claims are settled out of court. Once the insurance adjuster decides on a settlement amount, they will present you with an offer. If you’re comfortable with this offer, you can accept it, and the case ends there. This process could take a few weeks to several months, depending on how complicated the situation is and how quickly evidence can be gathered.
What if the Claim is Denied?
Sometimes, the insurance company may offer an amount too low to cover your expenses or deny the claim altogether. If this happens, you can negotiate a better offer. If negotiations don’t lead to an agreeable solution, it is time to consider filing a lawsuit.
Personal Injury Lawsuit: The Next Step
If the parties involved can’t reach an agreement through a claim, the next step may be to file a personal injury lawsuit. A formal lawsuit involves the court system to resolve the dispute over your compensation. If your case goes to trial, a judge or jury will hear both sides and make a legally binding decision on the outcome.
Initiating a Lawsuit
Your attorney will file a complaint in the local court to start a lawsuit. This document outlines your case, stating what happened, why you believe the other party is liable, and what compensation you are seeking. The person or company you’re suing will be able to respond to your complaint.
The Discovery Process
Both sides enter the “discovery process” in a lawsuit, gathering more information and evidence to build their cases. Depending on the case’s complexity, this part can take several months or even longer.
Court Proceedings
After discovery ends, both sides will start gearing up for trial. However, it’s essential to note that most personal injury lawsuits don’t make it to trial. Often, both parties reach a settlement agreement just before the trial begins. Trials are costly and time-consuming, so both parties might prefer to conclude matters earlier.
The Verdict
If your case goes to trial, a judge or jury will decide the outcome based on the evidence presented. This ruling is legally binding and will determine the amount of compensation, if any, that is awarded.
Which is Right for You: A Claim or a Lawsuit?
Choosing between a claim and a lawsuit depends mainly on your needs and circumstances. Filing a claim is often advisable first, as it might allow you to settle your case quickly and with less hassle. However, a lawsuit might be necessary if you and the insurance company can’t agree on fair compensation.
Consider Professional Guidance
Navigating claims and lawsuits can be complex. Professional guidance often makes the process smoother and increases the chance of a fair settlement or verdict. Personal injury lawyers have the experience to evaluate the value of your case and advise you on the best course of action.
A St. Louis Personal Injury Attorney Can Help With Your Claim or Lawsuit
Claims and lawsuits are steps you can take to receive compensation for an injury, but they involve different processes. A claim is a request to an insurance company and can be quicker and more straightforward (though not always). In contrast, a lawsuit is a formal legal process that involves courts and can take much longer.
If you’re facing a personal injury in St. Louis, MO, understanding these differences can help you make informed decisions regarding your path to recovery. Whether you start with a claim or consider a lawsuit, knowing your options can empower you to seek the justice and compensation you deserve. Always consider contacting legal professionals who can provide counsel and support tailored to your situation. Call our Roach Law Car Accident Lawyers at (636) 519-0085 for a free consultation.
