If you have suffered a personal injury in Maryland due to someone else’s negligence, you have the right to pursue compensation. However, before you get started, it’s important to understand the key differences between a personal injury claim and a lawsuit.
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Personal Injury Claim: Overview
A personal injury claim is often the first step taken by the injured party in seeking compensation. This claim can be submitted to the at-fault party’s insurance company, or in some cases, the injured party’s own insurance company. The goal of a personal injury claim is to settle compensation before going to court.
Reasons to File a Personal Injury Claim
Filing a personal injury claim can be beneficial for several reasons, including:
Avoiding costs related to a lawsuit: Litigation can be costly, and a personal injury claim can help you resolve your case without going to court.
Faster resolution: Personal injury claims tend to move more quickly than a lawsuit, which can be helpful if you need compensation as soon as possible.
Confidentiality: Personal injury claims can also be kept confidential, so you don’t have to worry about your personal information being publicized.
How Personal Injury Claims Work
Once you have decided to file a personal injury claim, there are a few key steps that you will go through:
Investigation: You will need to investigate the accident or incident in detail, gathering evidence and witness statements.
Notification: You will need to inform the at-fault party’s insurance company (or your own insurance company) of the accident and injury.
Medical treatment: You will need to obtain medical treatment and documentation of your injuries.
Negotiation: You will need to negotiate with the insurance company to reach a settlement for compensation for your personal injury damages.
Lawsuits: Overview
If you are not able to get a satisfactory settlement through a personal injury claim, you may need to pursue a lawsuit. A lawsuit is a legal process that takes place in court, where a judge or jury decides the outcome of the case.
Reasons to File a Personal Injury Lawsuit
There are several reasons why you may need to file a personal injury lawsuit, including:
Inadequate or denied settlement offer: If the insurance company is not offering you a fair settlement for your injury damages, a lawsuit may be necessary.
Statute of limitations: Maryland has a statute of limitations for filing a personal injury claim, which means that you must file your case within a certain period of time. If this deadline has passed, a lawsuit may be the only option.
Severe injuries: If your injuries are severe and life-changing, you may need to pursue a lawsuit to ensure that you receive full and fair compensation for your damages.
How Lawsuits Work
If you decide to pursue a lawsuit, here are the steps that you can expect:
Filing: You or your attorney will need to file a complaint with the court, which states the details of the case and the compensation being sought.
Discovery: Both parties will have the opportunity to gather evidence and information related to the case.
Negotiation: Before going to trial, both parties may participate in settlement negotiations.
Trial: If a settlement cannot be reached, the case will go to trial, where a judge or jury will hear the evidence and make a decision.
Conclusion
Both personal injury claims and lawsuits serve the same general purpose: to help you obtain compensation for your damages. However, there are important differences between the two processes, and it’s important to understand which one is best for your situation.
If you need help determining whether to pursue a personal injury claim or a lawsuit, consult an experienced personal injury attorney. They can provide guidance and help you make the best decision for your case.