Whether your case involves a claim or a lawsuit can impact its timeline, process, and potential outcome, so it’s crucial you understand the differences. Once an insurance company receives notice of a claim, it investigates it. It may decide to accept the claim and pay the claimant the requested amount.
It could also deny the claim altogether or counteroffer a lower amount of compensation. If you settle your personal injury case, you do not need to file a lawsuit. In fact, you would receive the settlement money in exchange for agreeing not to sue.
What Is a Personal Injury Claim?
Personal injury cases are governed by tort law. A tort “is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability.” If another party is negligent and harms you, they may be responsible for financially compensating you. For example, another driver could have been texting while driving, injuring you in a car accident or bike accident. You may have suffered medical expenses, lost wages, and physical and emotional pain. Through a personal injury claim, you can pursue compensation to recover these damages. Personal injury claims are usually filed with insurance companies. For example, car accident victims file a claim with an at-fault driver’s liability insurance. People who slip and fall while on someone else’s premises may file a claim with the property owner’s homeowner’s insurance policy.
What Is a Personal Injury Lawsuit?
A personal injury lawsuit involves filing legal documents and requesting that the court award monetary damages. Most personal injury lawsuits began as personal injury claims, but 97% of personal injury cases settle out of court. However, the injured party may decide to file a lawsuit because the insurance company denied the claim, refused to offer any money for their injuries, or did not agree to a fair settlement. Parties file lawsuits so that a court will hear their case and decide whether the defendant is at fault and how much compensation the court should award.
Differences Between Personal Injury Claims and Lawsuits
Several critical differences exist between personal injury claims and lawsuits, including:
Timing
Because personal injury claims do not involve going to court or having to contend with the court’s busy schedule, they tend to resolve faster than personal injury lawsuits. However, there have been cases involving personal injury claims that took years to settle, so this is not always the case. Generally, an accident victim will submit a claim with the insurance company within weeks or months of the injury, and the case may settle within a few months after that. Personal injury lawsuits involve various timelines. A statute of limitations establishes the maximum amount of time after an accident a party can file a lawsuit. Once the lawsuit is filed, there are various timelines that apply to respond to it, complete discovery, and schedule a trial.
Certainty
When you settle an accident case, you are certain of the outcome. You agree to waive your right to sue in exchange for a certain amount of money. However, when you file a lawsuit, you run the risk of the judge or jury siding with the defendant or not awarding you the amount of money you think your case is worth. Also, trial verdicts can be appealed, leaving room for the outcome will change.
Process
Filing a personal injury claim typically involves completing various forms and submitting evidence of your losses to the insurance company. A personal injury lawyer can handle this process for you. To file a lawsuit, an injured party must follow the Civil Rules of Procedure, which establish the various requirements for making legal claims, including how to structure a complaint, where to file it, and how to ensure the defendant receives notice of it. The complaint sets out the factual allegations regarding the accident, why the defendant is responsible for the injuries, and how much financial compensation the injured party wants the court to award them. The plaintiff, the person suing the defendant, must file a summons along with the complaint, which states that the defendant is being sued and must respond to the complaint within a certain deadline to avoid a default judgment. At trial, the judge or jury renders a verdict and determines how much compensation to award, if any.
Should I File a Personal Injury Claim or Lawsuit?
There are advantages and disadvantages to both options. When you settle a personal injury claim, you can usually receive your settlement money faster and avoid the stress and frustration of a drawn-out legal battle. However, trial verdicts sometimes result in higher payouts to claimants than insurance claims. Yet, there is no guarantee you will win your case if you go to trial.
Contact the Utah Personal Injury Lawyers at Parker & McConkie Today
For more information, please contact an experienced Personal Injury lawyer at Parker & McConkie to schedule a free initial consultation today. We have 5 convenient locations in Utah, including Midvale, Salt Lake City, Ogden & Provo, UT. Clients can also visit our offices in Idaho Falls, ID & Rock Springs, WY.
We proudly serve Weber County, Utah County, Salt Lake County in Utah, Bonneville County in Idaho, Sweetwater County in Wyoming , and its surrounding areas:
Parker & McConkie Personal Injury Lawyers – Salt Lake City Office
466 S. 500 E., Suite 100,
Salt Lake City, UT 84102
(801) 851-1202
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Midvale Office
7090 Union Park Ave, #160,
Midvale, UT 84047
(801) 845-0440
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Ogden Office
2510 S Washington Blvd, Suite 160,
Ogden, UT 84401
(385) 402-8187
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Provo Office
37 E Center St, Suite 300,
Provo, UT 84606
(801) 876-4107
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Rock Springs Office
531 N Front St,
Rock Springs, WY 82901
(307) 205-7400
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Idaho Falls Office
2235 East 25th St. Suite #280,
Idaho Falls, ID 83404
(208) 418-0633
Hours: 24/7
