The Differences Between Personal Injury Claims and Lawsuits
After being injured by another person’s negligence, you may hear the terms ‘personal injury claim’ and ‘personal injury lawsuit’ quite often. While many people use these two terms interchangeably, there are differences between the two and each has their drawbacks and advantages. Below, our Tampa personal injury attorney explains what these are.
What are Personal Injury Claims?
Personal injury claims are filed with an insurance company. Although these are official requests for coverage, these claims are not as formal as filing civil action in court. Depending on the type of accident that caused your injuries, you may file a claim with your own insurance company or with the insurer representing the at-fault party.
For example, if you were hurt in a car crash, you must first file a claim for personal injury protection (PIP) benefits with your own insurance company. On the other hand, if you were hurt on someone else’s property, or exhausted your PIP benefits, you can file a claim with their insurance company. PIP benefits are no-fault, meaning you can file a claim even if you caused or contributed to the accident. When filing a claim against an at-fault party, though, you must present strong evidence to prove the liable party caused your injuries.
After filing a claim with an insurance company, the insurer may accept or deny the claim, or offer you a settlement. These first settlement offers are rarely enough to fully cover the cost of injuries and other losses. An attorney can make a counter-off and negotiate on your behalf to receive a fair settlement.
Personal injury claims are often resolved faster than lawsuits and they typically involve less uncertainty and stress. Still, you may not fully cover your losses, particularly if you do not have legal representation.
What are Personal Injury Lawsuits?
When insurance companies refuse to act in good faith and offer a fair settlement, or you must sue a negligent party directly, you must file a personal injury lawsuit with the court. Only approximately five percent of personal injury cases end up in trial. During a lawsuit you must prove by a ‘preponderance of the evidence’ that the defendant is responsible for your injuries. A ‘preponderance of the evidence’ means it is more likely than not that the liable party is at fault.
Personal injury lawsuits have the potential for more compensation, and filing in court can pressure an insurance company into offering a fair settlement. If your case goes to trial, however, it will take longer than filing a claim and the outcome is dependent on the decision of a neutral judge or jury, meaning it is less predictable.
Our Personal Injury Attorney in Tampa Can Advise On Your Claim or Lawsuit
At Moore Law, our Tampa personal injury attorney can negotiate on your behalf to help you obtain a fair settlement from the insurance company. When this is not possible, our experienced attorney also has extensive trial experience and will use it to argue your case in front of a judge or jury and prove your full damages. Call us now at 813-510-5400 or chat with us online to schedule a consultation and to learn more about how we can help.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/0768.html
