What’s The Difference Between A Personal Injury Claim And A Lawsuit

If you’re involved in an accident, and you ended up with an injury, you may be entitled to compensation. Cornell Law School defines personal injury as an injury that doesn’t affect one’s property, but rather one’s mind, emotions, or body. In the case of a personal injury, you have access to two different types of compensation. The insurance company is likely to cover the cost of your damages, but some insurance companies think they can get away with the minimum possible payment. In such a case, the company is negotiating in bad faith, and you might want to consider taking the offending party to court in a personal lawsuit.

Understanding Personal Claims

Claims are always filed with an insurance company. The claim process starts with filing a claim with the insurance to let them know that you and the other party were involved in an accident. Typically, this claim should be filed within forty-eight (48) hours of the accident occurring. The insurance company will investigate the claim to verify the details. You then write a demand letter to the insurance company, stating the value of compensation you think you’re entitled to. The company’s adjuster will look at the claim and the demand, determine whether your injuries merit the figure, and then advise the insurance company on the settlement they should pay.

Personal Lawsuits May Follow Bad-Faith Negotiations

Unlike claims, personal lawsuits interact directly with the other party in the accident. Typically, these lawsuits come about after negotiations with insurance companies have broken down. The insurance company may have been offering too low a settlement or no settlement at all. If you have developed injuries in an accident through no fault of your own, a personal injury claim is the typical starting point. Lawsuits only happen when the request is unable to be settled with the insurance company.

Lawsuits typically require you to have a lawyer on retainer. Attorneys from Horst Shewmaker Law have been involved in several lawsuits stemming from failed personal injury claims. Your lawyer will deal with most of the administrative tasks involved in the lawsuit. Typically, these cases go before a court to be heard. The jury will determine the awards after the arguments on both sides are heard. These awards are typically based on injuries, as well as the difficulty in claiming from the insurance company.

The Chances of Winning a Lawsuit

Typically, most insurance companies deal with personal claims more or less fairly. Occasionally, the situation arises where an insurance company negotiates in bad faith, and the injured party is left to seek compensation via a court of law. In these cases, having a skilled lawyer is of the utmost importance. The legal system can be challenging to navigate at the best of times, and having a trustworthy legal representative can make all the difference. If the claim devolves into a lawsuit, get a lawyer so that you can rest easy, knowing that they’re doing their best to represent your best interests. A good lawyer will always do what’s best for their clients.

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