Personal Injury Claims and Lawsuits: What’s the Difference?
Many people have heard of personal injury claims and personal injury lawsuits but don’t understand what the difference is. If this is you, you’re not alone. Both a personal injury claim and a personal injury lawsuit are used in order to obtain compensation for an injury that you incurred from an accident. However, there are differences between the two.
Personal Injury Claims
A personal injury claim, commonly referred to as an insurance claim, occurs when the victim of an accident files a claim with an insurance company to be compensated for their injuries.
This insurance company could be your own or that of the other party (who is at fault). The insurance policy in question could be a property owner’s insurance policy, an auto insurance policy, a homeowner’s policy, or a professional liability insurance policy; it depends upon the type of accident that occurred.
Once a claim is filed, the insurance company will look into the accident in order to gauge a better understanding as to what and how it transpired, to determine fault, and what the nature of the damages incurred is. This investigation will also likely include a review of medical records and policy reports. You may also receive a call from the insurance adjuster, who will try to obtain a statement from you.
While it may seem that the insurance adjuster is on your side, this is generally not the case. Your statement could potentially be used against you. An insurance company is a business quite like any other and maintains the objective of making as much of a profit as it can. Therefore it’s always in your best interest to consult with a knowledgeable and experienced personal injury lawyer. They will always have your best interest at heart and can take on the responsibility of discussing your claim with the insurance company.
Personal Injury Lawsuits
While most people hope to be able to come to an agreement and settle with the insurance company, sometimes that is not possible. When this is the situation, your attorney can file a personal injury lawsuit against the person or entity at-fault for the accident.
A personal injury lawsuit is similar to a personal injury claim, but is often much more of a strict legal process, with more to prove. When you file a personal injury lawsuit you must prove that the defendant acted with negligence and that his or her negligence was the direct cause of the accident and your injuries.
A personal injury lawsuit can last a long period of time and is broken into several phases. These include the filing process, discovery process, and trial phase.
When a settlement can’t be reached, a personal injury case will move to the trial phase in which each party argues their side to a jury or judge.
If no settlement is reached, the case moves to trial. Each side presents their argument to the court and jury. It’s important to note that a settlement can still occur at any point during the trial.
Why You Need a Qualified PI Attorney
Although both the personal injury claim process and the personal injury lawsuit process may seem pretty straightforward, neither is without its own complexities and complications. For this reason it’s always in your best interest to consult with a knowledgeable and experienced personal injury attorney as soon as possible following an accident.
A qualified personal injury attorney can help to make the whole process easier and protect you from making a simple mistake that could negatively affect the outcome of your situation. The right personal injury attorney will handle all interactions with the claims adjuster, so that you can invest your energy into getting better both physically and mentally.
We Can Help
If you or a loved one has suffered a personal injury due to the negligence of another, it can leave you battling physical, emotional, and financial hurdles. But the good news is that a qualified Arizona Personal Injury attorney can help to improve your chances for success and can help to make a difficult situation easier. At Zanes Law we will help you fight for the compensation that you deserve. To learn more or to schedule a free consultation, call us at 833-214-0917 today!
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