Should You Negotiate a Personal Injury Claim or File a Lawsuit?

Picture yourself being in a car accident and injured because of somebody else’s negligence. You have doctor and hospital bills, costs for bandages and medications, and other ongoing therapy bills. You are hurt and you cannot work. The pain you endure continues day by day. What do you do?

Should you file for a claim and opt for a settlement, or do you file a court case against the guilty driver? A personal injury lawsuit and a personal injury claim are two very different things. It is imperative that you understand which one applies best to your case.

(Car accidents are usual examples, but the info here refers to all kinds of personal injury cases such as slip and falls, defective products, dog bites, etc.)

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Difference Between a Lawsuit and Claim

Personal Injury Claim. The claim is between the responsible driver and your insurance company prior to any considered case. The process is a chain of negotiations and discussions between you and the insurance company adjuster. With any luck, the negotiations will lead to a mutual settlement payment, wherein both sides or parties are satisfied.

Personal Injury Lawsuit

The lawsuit is charged when the process of negotiation goes wrong, and cooperation cannot be attained. The breakdown could take place because the adjuster refuses to accept the fact that their insured was responsible for the accident, or does not acknowledge the graveness of your injury to compensate for the amount you are demanding. When claim discussions do not progress, the next thing to do is to file a lawsuit.

A claim starts after the injured party is harmed or is suffering property damage, or both, attributable to the negligence of another driver.
A claim starts after the injured party is harmed or is suffering property damage, or both, attributable to the negligence of another driver.

Beginning a Personal Injury Claim

A claim starts after the injured party is harmed or is suffering from property damage, or both, attributable to the negligence of another driver. To cover the ensuing costs, the injured party pursues the responsible driver, who takes the issue over to the insurance company.

As soon as the insurance company is informed, it produces a claim number then hands over the case to an adjuster. The adjuster establishes a claim and makes contact with the injured party to discuss a settlement. If both parties can decide on a settlement, a court case won’t be needed to be filed.

In order to resolve the case, the adjuster requires evidence that the mishap was caused by his/her insured (the responsible driver), that his/her insured was careless, and that the damage of the injured party are sufficiently severe to be eligible for a settlement. And to acquire this evidence, the adjuster will look into the facts and details of the case.

This investigation could include:

• Evaluating your medical bills and charts
• Conversing with you along with the other accident’s witnesses
• Assessing the police report
• Visiting the accident scene and taking photographs

We hope this article was helpful to you. You will find more information about personal injury law in out site.