Claim vs. Lawsuit

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When you’ve been hurt in an accident, getting compensated for your medical bills, lost wages, and other damages is likely one of your top priorities. There are two main ways to pursue compensation: filing an insurance claim or pursuing a personal injury lawsuit. While both methods aim to get you financial recovery, they differ in process, strategy, and outcomes.

Understanding these differences can help you make an informed decision on which path is best for your situation.

An experienced personal injury lawyer can help you further understand the claims and lawsuit processes, guiding you toward the option that best suits your needs. Here’s a breakdown of what each option entails and how an attorney can help you get the compensation you deserve. 

What Is an Insurance Claim? 

An insurance claim is the first step in pursuing compensation after an accident. This means letting the at-fault party’s insurance company (or yours, depending on the case) know about the accident and giving them proof of your damages. The insurance adjuster will usually look into the claim, decide who is responsible, and offer a settlement based on their findings.

Filing a claim is faster and less expensive than a lawsuit. It involves fewer steps and may allow you to recover damages without going to court. However, insurance companies are businesses, and their goal is to minimize payouts. This means the settlement offer you receive may not reflect the true value of your damages.

Here’s how the insurance claim process usually works:

• Filing the claim: You or your attorney notify the insurance company of the incident and provide them with the details.
• Investigation: The insurance company investigates, often looking for ways to reduce their liability. This may involve reviewing police reports, medical records, and other evidence.
• Settlement offer: The insurance company offers a settlement, which may or may not fully cover your damages.
• Negotiation: If the initial offer is too low, your attorney can negotiate for a fairer amount.

If negotiations are successful, the case is settled, and you will receive compensation. However, if the insurance company refuses to offer a fair settlement, you may need to file a lawsuit. 

What Is a Lawsuit? 

A personal injury lawsuit is a legal action filed in court against the at-fault party (or their insurance company). A personal injury lawsuit is the next step when you can’t settle things through an insurance claim or negotiations. Instead of negotiating, you’re heading to court, where you’ll deal with formal steps like discovery, motions, and maybe even a trial.

Filing a lawsuit can be time-consuming and expensive, but it may be necessary if the insurance company refuses to play fair. By taking your case to court, you’re giving a judge or jury the power to decide the outcome of your case.

Here’s what happens during a personal injury lawsuit:

• Filing the lawsuit: Your attorney files a formal complaint in court, outlining the details of the accident and the damages you’re seeking.
• Discovery process: Both parties exchange information and evidence, which may include depositions, document requests, and interrogatories.
• Settlement negotiations: Even after a lawsuit is filed, settlement negotiations often continue. Many cases are settled before they reach trial.
• Trial: If no settlement is reached, the case proceeds to trial, where a judge or jury will determine fault and decide on the amount of compensation.

While a lawsuit can potentially lead to a higher payout, it can take months or even years to resolve. 

When Should You File a Claim? 

In many cases, filing an insurance claim is the best first step after an accident. If the other party’s liability is clear and your damages are relatively straightforward, the insurance company may offer a fair settlement that covers your losses. Additionally, if you need compensation quickly to cover medical bills or lost wages, settling through an insurance claim can get you money faster.

However, it’s important to be cautious when dealing with insurance adjusters. They may try to pressure you into accepting a low settlement or ask you to provide statements or sign documents that could harm your case. Having an experienced attorney on your side can help you navigate the process and ensure that you don’t settle for less than you deserve. 

When Should You File a Lawsuit? 

Filing a lawsuit may be necessary if the insurance company denies your claim, disputes liability, or offers an unreasonably low settlement. Or where damages are long-term, such as severe injuries that may require ongoing medical care or result in permanent disability.

A lawsuit might also be best if the accident involves complex legal issues, such as disputes over who was at fault or multiple parties. In these situations, a court’s ruling may be the only way to get a fair and definitive resolution. 

Injured? Not Sure of the Next Step? A Personal Injury Lawyer Can Help You File a Claim or Lawsuit  

Don’t let the complexities of the legal system stand in the way of your recovery. An attorney can help you understand your options and pursue the course of action that maximizes your compensation. Experienced personal injury lawyers understand that each case is unique, and we’ll work closely with you to determine the best strategy for your situation.

Contact an Experienced Seattle Personal Injury Attorney For Help With Your Claim

If you’ve suffered broken bones in a personal injury accident, you could be entitled to compensation from the at-fault party. Contact Davis Law Group Car Accident and Personal Injury Lawyers today to schedule a free consultation with an experienced Seattle personal injury attorney. We can help you understand your rights and options for pursuing compensation.

We proudly serve King County in Washington and it’s surrounding areas. Visit our law office at:

Davis Law Group Car Accident and Personal Injury Lawyers
2101 4th Ave 1030
Seattle, WA 98121
(206) 727 4000
Hours: Open 24/7