Personal injury lawsuits involve legal disputes where an individual suffers harm due to an accident or injury resulting from someone else’s negligence or improper behavior. In some cases, these disputes are settled outside of court, while in others, it may be necessary to file a lawsuit.

In Texas, both personal injury claims and lawsuits are options available to those who have suffered harm. However, there are distinct differences between the two. This article will discuss the differences between personal injury claims and lawsuits in Texas.

Personal Injury Claims

A personal injury claim is typically the first step that an injured person takes after being involved in an accident or suffering an injury. A personal injury claim is filed with the at-fault party’s insurance company so that the insurance company can compensate the injured party for their injury.

To file a personal injury claim, you must first establish that you were injured as a result of someone else’s actions or negligence. You should also document the extent of your injuries and any related medical expenses. Additionally, it is essential to gather evidence to support your claim, such as photographs of the accident scene, witness statements, or police reports.

Once a personal injury claim is filed, the insurance company may choose to accept liability and offer compensation, negotiate a settlement, or deny the claim. If an agreement cannot be reached, the injured party may choose to pursue a lawsuit.

Lawsuits

A lawsuit is a legal action taken against the responsible party, typically the individual or entity responsible for causing the injury. A lawsuit is filed in court, and the injured party is referred to as the plaintiff, while the responsible party is the defendant.

In many cases, a lawsuit is only necessary when an insurance company fails to offer a fair settlement or denies a claim. The plaintiff may also seek to recover damages that exceed the insurance policy limits.

Lawsuits can be more complicated and time-consuming than personal injury claims, and they require an experienced attorney. During a lawsuit, attorneys for both sides will gather evidence, exchange information, and prepare for trial. It is important to note that most lawsuits are settled before reaching trial, but it is essential to be prepared to proceed to court.

Key Differences

The primary difference between a personal injury claim and a lawsuit is where the claim is filed. Personal injury claims are filed directly with the at-fault party’s insurance company, while lawsuits are filed in court against the responsible party.

Another significant difference is the compensation available. In a personal injury claim, the injured party can only recover damages that are covered by the at-fault party’s insurance policy. In contrast, a lawsuit can result in a higher settlement amount that is not limited by an insurance policy.

Additionally, the timeline for resolution is different. Personal injury claims can take weeks to months to resolve, while lawsuits can take a year or longer, depending on the complexity of the case.

Lastly, personal injury claims are often settled out of court, while lawsuits require a judge or jury to make a decision. This means that a plaintiff has less control over the outcome of a lawsuit.

Final Thoughts

Both personal injury claims and lawsuits are viable options for those who have suffered harm due to someone else’s negligence or improper behavior. A personal injury claim is typically the first step, as it is less complicated and can be resolved more quickly. If the claim is denied or a fair settlement cannot be reached, a lawsuit may be necessary.

It is essential to seek legal representation from an experienced attorney who can help guide you through the process and ensure that your rights are protected. An attorney can also help you determine which option is best for your specific case.