What Is the Difference Between a Claim and a Lawsuit?

Delray Beach, FL, personal injury attorney explains the difference between claims and lawsuits. Call (561) 498-9979 to schedule a consultation.

April 15, 2022

Delray Beach, FL, personal injury attorney explains the difference between claims and lawsuits. Call (561) 498-9979 to schedule a consultation.

Have you received injuries in a recent accident? Accidents can be traumatic, life-changing events, and you should immediately seek medical attention for any injuries.

If the accident occurred due to someone else’s negligence, you have a few options for seeking compensation and justice.

You may already know that claims and lawsuits are both ways to fight for financial compensation, but what’s the difference? Many people assume that claims and lawsuits are the same, though a few key differences separate these concepts.

Keep reading as our experienced team of South Florida personal injury lawyers at Dyson Law in Delray Beach, FL, explain how to determine whether a claim or lawsuit is right for you.

What Is a Personal Injury Claim?

You can create a claim after an accident involving personal injuries or financial damage. A claim is a private demand for compensation from an insurance company, person, or organization. Claims do not require the court system.

Personal injuries that may constitute a claim include getting hurt in a motor vehicle accident or injuries due to medical negligence, faulty product malfunction, slipping and falling, and anything else that involves malpractice.

Damages from these accidents include more than just your injuries. You can receive financial compensation for:

  •       All medical expenses
  •       Emotional trauma and suffering
  •       Loss of income or benefits
  •       Permanent physical impairments or scarring
  •       Long-term care needs
  •       Reduced quality of life
  •       Loss in household services

How Can a Personal Injuries Lawyer Help With a Claim?

Since claims do not appear in court, you typically handle them through insurance. After the accident occurs, you will need to file the claim with the other party’s insurance company. Their company will do everything possible to limit the client’s liability and pay you as little as possible.

Hiring a personal injuries lawyer can help you adequately deal with the insurance company to receive maximum compensation. You should not create your claim or speak with any insurance adjusters until your find legal representation. Personal injury lawyers can walk you through exactly what you should or should not say so that you do not accidentally make yourself liable.

Remember that the law does not force either party to give over their evidence, medical records, or statements for claims. Finding legal representation can help you understand how to navigate such instances to give just the right amount of information.

Will a Personal Injuries Attorney Negotiate for Me?

Another critical difference between claims and lawsuits is how you determine the compensation amount. Claims involve a negotiation between each party, meaning that you must agree. Your personal injuries attorney can help you through the negotiation process to land a better settlement.

Typically, your attorney will create an offer that includes all of your case details and damages as justification. The insurance company may agree or generate a counteroffer for you to consider.

Insurance companies tend to offer below your expectations, so consider all medical treatments before accepting. If the insurance does not provide adequate compensation to cover your costs, you may be able to make a claim against the entire company for bad faith practices.

Keep in mind that all liability goes away after you accept an offer, meaning that you can no longer pursue additional claims or legal actions.

What Is a Personal Injury Lawsuit?

A personal injury lawsuit is a compensation demand that a civil court judge will oversee and public. To win, you must prove that you suffered personal injuries and financial damage from the other person’s negligence or malpractice.

Rather than negotiating liability and compensation, a lawsuit results in a trial with a clear-cut win or loss, meaning that you may not receive anything. Many lawsuits are resolved by negotiation before a trial.

How Can a Personal Injury Attorney Help With a Lawsuit?

Battling a lawsuit can be trickier than you realize. You may think that the other party’s wrongdoings are apparent, though you need adequate evidence to back this up in the eyes of the law. The entire process of a lawsuit is lengthy and requires many complicated steps.

A personal injury attorney will create the complaint, gather evidence and witnesses, complete pre-trial procedures, and fight for your compensation in court. Sometimes, the other party may request an out-of-court settlement agreement to avoid the time and costs of a lawsuit. In that scenario, your attorney can advise you through negotiating.

Dyson Law, PLLC: Your South Florida Personal Injury Law Firm

If you or a loved one is interested in filing either a claim or a lawsuit, find a personal injury lawyer to help build your case and advise you on which route to follow.

Our South Florida personal injury lawyers at Dyson Law, PLLC want to help you tackle insurance companies or court hearings so you can focus on healing. We value each of our clients by explaining everything in simple terms, keeping communication open, and giving professional advice on which route to take.

Contact us at Dyson Law today at (561) 462-5207 in Delray Beach, FL, or fill out our online form to schedule a consultation.

Copyright © 2022. Dyson Law, PLLC. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

Dyson Law, PLLC
15300 Jog Rd STE 103
Delray Beach, FL 33446
(561) 498-9979