Differences: Personal Injury Lawsuit and Insurance Claims
When one is injured by an act of negligence, the first thing he or she likely becomes concerned with after recovering is how to get justice for what happened. When embarking on that path you’ll eventually reach a fork in the road. One is shorter and safer, while the other is more perilous while at the same time, more rewarding.
Your Options After Being Injured
Most people see suing an individual as one path and “one thing” when in fact there are two options with two very different processes. One must observe absolute discretion when making a decision on whether to file an insurance claim or a personal injury lawsuit. Sometimes you want to play it safe or resolve something quickly with an insurance claim, but other times you find yourself feeling you don’t want to downplay the severity of the situation and file a personal injury lawsuit instead. A personal injury lawyer can help you on the path of making that decision. First, you must know the differences between the two.
Otherwise known as an injury claim, an insurance claim involves filing a claim for compensation with your insurance company or that of the negligent party. While commonly made against an auto policy, these claims can also be made against a homeowner’s policy or a professional liability policy. The insurance company will investigate the incidents and an insurance adjuster will look at police reports and medical records. After they make a determination of how it happened and who was at fault while getting a statement from the client, they’ll make a settlement offer. It should be noted that the insurance adjuster is not there to help you and is more interested in making sure that the company pays out as little as possible. It’s a personal injury lawyer’s job to negotiate against those interests and get you the best settlement possible.
Personal Injury Lawsuits
A personal injury lawsuit is a lengthier process that involves proving to a judge or jury that the opposing party was negligent. The judge or jury also has to be convinced that the act of negligence resulted in your injury. After the initial filing of your intention to sue, you begin the discovery process where both parties get to investigate the incident and gather evidence. Parties can still attempt to settle at this point. If the case hasn’t settled, it then moves to a trial phase, where several hearings and presentations to a judge or jury make an influence on the outcome of the case. Once the trial is completed, the jury is dismissed to determine the verdict. If it rules in your favor, a compensation award is determined as well. Afterwards, the losing side can file an appeal if they wish to do so which will lead to a new trial or settlement.Contact an attorney, like a personal injury attorney from Eric Roy Law Firm, to set up an initial consultation today.