Car accidents are a common occurrence on the roads. Injuries can happen to any individual involved in a car accident. If you have suffered injuries due to a car accident, you may wonder what actions you can take to compensate for the damages.
Two options are available: filing a personal injury claim or filing a lawsuit. Knowing the difference between the two is vital to ensure you receive maximum compensation for your injuries.
Table of Contents
Personal Injury Claim
A personal injury claim is a formal request for compensation filed with the at-fault driver’s insurance company. When you make a claim, you’re not suing the at-fault driver but asking their insurance company to compensate you for the damages.
Personal injury claims may be settled through negotiation or mediation. Personal injury lawyers usually handle personal injury claims, and a legal representative is necessary to evaluate the claim’s value and negotiate with insurance adjusters.
The Benefits of a Personal Injury Claim
Quick Resolution
A personal injury claim is a great option for those who want quick compensation for their injuries. Provided all the necessary documents are provided, personal injury claims can be settled within a few months.
No Court Proceedings
Personal injury claims are settled outside of court, meaning no jury deliberations or court dates. This eliminates court costs and lessens the burden on injured parties.
Simpler Process
As compared to a lawsuit, a personal injury claim is a straightforward process. Personal injury claims can be handled effectively by personal lawyers, making the process less complicated and quicker.
The Drawbacks of a Personal Injury Claim
Limited Compensation
The compensation offered through a personal injury claim is often limited to the at-fault driver’s insurance policy limits. This means that if the at-fault driver’s insurance coverage is not enough to cover the damages, you’ll have to negotiate a settlement or resort to filing a lawsuit.
No Guaranteed Outcome
There’s no guarantee that you’ll receive adequate compensation for your damages through a personal injury claim. The insurance adjusters may challenge your claim’s value or refuse to provide compensation altogether.
Lawsuit
A car accident lawsuit is a legal action filed in court against the at-fault driver for damages. A lawsuit may be filed when a personal injury claim fails to provide adequate compensation, or the responsible party’s insurance company denies your claim.
The Benefits of a Car Accident Lawsuit
Greater Compensation
Filing a lawsuit provides the opportunity to collect the amount of compensation above the insurance policy limit. This is a significant advantage for people with severe injuries that far exceed the insurance coverage limits.
Evidentiary Rules
A lawsuit may require the production of additional evidence that may not be available during a personal injury claim, such as expert testimony. This additional evidence can strengthen your case and increase your chances of receiving maximum compensation.
Potential for Jury Award
When a case goes to trial, a jury decides the amount of compensation awarded. If your case is strong, you may receive a higher jury award than what might have been offered in a settlement.
The Drawbacks of a Car Accident Lawsuit
Time-Consuming
A lawsuit can take months or even years to resolve, which can be incredibly frustrating and time-consuming, especially if you have mounting medical bills or are unable to work due to injuries.
Legal Fees
Filing a lawsuit involves hiring a personal injury lawyer, which can be expensive. Legal fees for a lawsuit can add up in the form of ongoing court fees, deposits, and retainers.
Conclusion
Filing a personal injury claim or a lawsuit after a car accident depends on your situation and injuries. The primary goal is to secure maximum compensation for your damages and injuries. By understanding the differences between a personal injury claim and a lawsuit, you can make an informed decision and increase your chances of reaching a satisfactory resolution. Both options have pros and cons, but with the help of a qualified personal injury lawyer, you can make the right choice.