Sometimes when clients sit down with us for a free initial consultation, they ask if a personal injury lawsuit and a personal injury claim are the same thing. They’re not. While lawyers, insurance companies, the person who was hurt and the entity who caused the injury use the phrases to describe the process of obtaining compensation, there are differences. If you were injured because of someone else’s negligence, it helps to receive clarification before you proceed.
Personal Injury Claim
You can have a personal injury claim without ever consulting a lawyer or filing any type of legal paperwork. It’s often called your insurance claim. If you got hurt and you let your insurance know about it so that you could possibly receive money to help pay your bills, make up for time off work and help you get through a difficult time, that’s a personal injury claim.
You might file the personal injury claim with your own insurance company or, if another person or entity was involved, with their insurer. For example, if someone rear-ended you and they carried insurance, you would most likely file a claim with their insurance company while also notifying your own. If you had a slip and fall injury at the hardware store, you might be dealing with the property owner’s insurance policy.
Once you file your personal injury claim, usually an agent or adjuster at that insurance company will investigate what happened. They might look over police reports, medical records, and any other available documentation to better understand how badly you were hurt and all the factors that contributed.
The Tricky Thing about Insurance Companies
You don’t have to get a lawyer involved when you have a personal injury claim, but it may be in your best interests. You see, even if you’re dealing with your own insurance company, they’re a business that exists to make money. The more they pay out on your claim, the less they keep for themselves.
When you consult with an experienced personal injury lawyer, you get a better idea of what’s reasonable compensation in a case like yours. You also receive advice on mistakes to avoid and steps to take to receive a fair settlement. Sometimes a free consultation gives people the knowledge they need to make personal injury claim decisions. But even if they need legal representation, they don’t pay Monsour Law Firm attorneys a dime unless they receive a settlement.
Personal Injury Lawsuits
Much of the time we’re able to help people negotiate with insurance companies and receive a fair settlement without having to file a personal injury lawsuit. However, sometimes the person at fault or their insurance company doesn’t want to pay an adequate amount, or they deny that your injury was a result of something someone else did.
That’s when a personal injury lawsuit becomes necessary. It’s based on your original personal injury claim, but now there are legal processes to follow. Once you file an actual lawsuit, we work to help you prove the defendant was negligent in what they did or didn’t do, and that negligence caused your injury and everything that resulted from the accident.
A personal injury lawsuit typically goes through multiple phases that include filing, discovery, and sometimes trial. When you work with us, an experienced attorney represents you every step of the way.
Personal injury claims and personal injury lawsuits are complicated, and no one should have to face them alone. If you’ve been injured, schedule a complimentary consultation to find out the best next steps in your situation.
