Posted on Monday, August 5th, 2024 at 9:00 am
Many people are confused about the difference between a personal injury claim vs. a lawsuit. The two terms are not synonyms, but a claim can lead to a lawsuit if the at-fault party’s insurance company doesn’t agree to pay a reasonable settlement.
A claim is a demand or request for payment an injured party believes is owed to them, usually filed with the insurance company of the at-fault party. A lawsuit is a legal action against another party in civil court. A lawsuit is always based on a claim, but most claims don’t result in lawsuits. Learn more about the difference between a claim and a lawsuit in this post.
Claim vs Lawsuit
In legal terms, the difference between a claim vs. a lawsuit is that a claim is a demand for money in compensation for losses, while a lawsuit is a legal action filed in support of a claim. For example, Georgia’s State Tort Claims policy bars any lawsuit against the state unless the plaintiff files a written claim first. The claim is a necessary precursor to the lawsuit, but filing a claim doesn’t obligate you to file a lawsuit.
What Does Filing a Claim Mean?
Filing a claim means asking the at-fault party for compensation for your injuries. In practice, you would usually file a claim with the at-fault party’s insurance company by sending them a demand letter.
The demand letter explains the losses you’ve suffered from your injuries and why you believe the at-fault party or their insurer is liable for your losses. Subsequently, the insurance company will respond with a letter stating that they will reject your claim if they determine that it isn’t justified, or they may offer a settlement if they agree you have an insurance claim.
How to File a Personal Injury Claim
To file a claim against the other party’s insurance company:
- Start by finding a personal injury attorney.
- Your attorney will collect evidence to support your claim in the form of police reports, accident reports, medical records, photographs, CCTV recordings, and witness statements.
- Send a demand letter requesting compensation for your losses.
- After the insurance company has investigated your claim, they may make a settlement offer.
- Accept the offer if you and your attorney agree that the settlement offer seems fair and covers all your losses. If it seems too low, your attorney will respond with a counteroffer.
- If you can’t agree to settle the claim, consider alternative dispute resolution methods such as arbitration or mediation. An arbitrator will make a binding decision to resolve your claim. A mediator will facilitate settlement negotiations with the insurance adjusters in an attempt to reach a settlement.
- If you can’t come to an agreement, or if you are running out of time due to Georgia’s two-year statute of limitations, your lawyer will file a lawsuit.
Negotiating a Settlement
Negotiating a settlement isn’t easy without the help of a personal injury attorney. You can file a claim without an attorney’s help, but the insurance company may deny your claim or offer you a settlement much lower than your actual losses. Additionally, accepting this offer means you lose the right to file a lawsuit or request additional money if your injuries result in expenses you weren’t expecting.
If you have an attorney, they can handle the negotiations for you so you can concentrate on recovering from your injuries. When the insurance company makes an offer, your attorney will know whether it’s reasonable. If the initial offer is too low, your lawyer will negotiate until both parties reach satisfaction or realize that a trial is inevitable.
How to File a Personal Injury Lawsuit
To file a personal injury lawsuit:
- File a complaint with the court clerk.
- Pay the court fee for filing a lawsuit.
- Serve the defendant’s notice of the lawsuit.
The defendant will respond with a formal statement. Both sides will then conduct pre-trial discovery through depositions, interrogatories, demands for production, and admission requests. These are all methods of gathering evidence for a trial. If either side presents evidence that gives them a significant advantage, the other side may agree to settle. If the parties do not settle, the case will go to trial. An Atlanta, GA, personal injury attorney can help with every aspect of this process.
Contact a Georgia Personal Injury Lawyer
Jonathan R. Brockman, P.C. is a Georgia law firm dedicated to helping injured people obtain compensation for their injuries. We can help with many aspects of your personal injury case, including:
- Identifying who is at fault for your injury
- Establishing liability and proving negligence
- Negotiating for a fair settlement
- Going to trial if the insurance company won’t agree to a reasonable settlement
When you’ve been injured, you need a tireless advocate who will fight to get you the compensation you need. Contact Jonathan R. Brockman, P.C. using our online form or call us at (770) 205-8827 today for your free consultation. Our attorneys have handled similar cases and have given justice to them. Let us handle the difficulties of the legal process while you focus on recovering from your injuries. Ask us anything related to your case.
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