Many people refer to claims and lawsuits as the same thing. And in one sense, they are correct. A claim and a lawsuit both serve the same purpose: to provide a legal process by which you can be compensated by another party for injuries you sustained.
But in the true legal sense, a claim and a lawsuit are quite different. They provide different avenues for accomplishing your goal of recovering damages.
What Is a Personal Injury Claim?
A personal injury claim is a request for compensation from an individual or entity responsible for causing harm. It alleges that the responsible party’s negligence resulted in financial losses to the injured person. A legal claim is often directed to the at-fault individual or their insurance company.
How Do I File a Personal Injury Claim?
An injured person typically initiates a claim by having their personal injury lawyer send a demand letter to the liable party or their insurance company. This letter requests compensation for their client’s injuries, expenses, and losses.
So, for example, a person injured in a car accident caused by a distracted driver might send a demand letter to the at-fault driver’s insurance company. A person who is hurt when they slip and fall on spilled water in a grocery store might send a demand letter to the owner of the store, their lawyer, or their insurer.
What Happens When I File a Personal Injury Claim?
When an injured person asserts a personal injury claim, the recipient might deny or undervalue the claim by offering any of the following responses:
- They are not liable for the accident
- The claimant was also at fault
- The alleged injuries are not the result of the accident
- They will offer to settle the claim for a specific amount of money much lower than what the claimant demanded
Once the other party responds, the claimant can contest the response and reassert their demand for compensation. This begins what can often be a very long and contentious negotiation process between the parties in an effort to reach a settlement agreement.
If the claimant thinks the negotiation process is not leading to a satisfactory settlement, they may file a personal injury lawsuit while the parties continue to negotiate.
What Is a Personal Injury Lawsuit?
A personal injury lawsuit is a formal legal action initiated by the injured person (plaintiff) against the alleged responsible party (defendant). The lawsuit is filed in court with the aim of obtaining an order requiring the defendant to pay the plaintiff damages for the injuries sustained.
How Do I File a Personal Injury Lawsuit?
A lawsuit begins when the plaintiff files a formal document, called a “complaint,” with the court that includes the following:
- The identity of the parties
- Their version of the facts showing fault by the defendant
- A description of their injuries
- Their request for financial relief
The plaintiff must serve a copy of the complaint and summons to the defendant, usually by a process server.
What Happens When I File a Personal Injury Lawsuit?
When a plaintiff files a complaint in a personal injury lawsuit, the defendant is allowed a specific period of time to answer in a responsive pleading. Both parties must follow very strict procedural rules during the lawsuit process.
The parties will then engage in the discovery process to exchange and sort through all the evidence and understand each other’s legal arguments. The parties can settle at any point during this stage.
When all appropriate pleadings are filed, the court may hold a hearing or a jury trial (assuming the parties did not reach a settlement). Each party has an opportunity to present evidence that supports their espective positions in the case.
Based on all the evidence, the jury hearing the case will decide:
- Whether the defendant was at fault for the accident
- Whether the defendant should compensate the plaintiff for their damages
- How much the defendant should compensate the plaintiff
Until the time the jury issues its decision, called a “verdict,” the parties may continue to negotiate a settlement.
An Atlanta Personal Injury Lawyer Can Help You File a Claim or Lawsuit
Although most personal injury claims result in settlements, it is not unusual for injured parties to file a lawsuit at some point. However, the time and expense of a pending trial often motivate parties to settle their claims.
If you have been injured in an accident and are unsure whether to file a claim or a lawsuit, contact our Atlanta personal injury attorneys. We offer a free case evaluation and will help you decide the best course of action to take to be compensated for your injuries.