Claim vs. Lawsuit: What Is The Difference?
Many individuals have heard of the legal terms “claim” and “lawsuit.” It's safe to say that most people know claims and lawsuits are ways to fight for financial compensation – but is there a difference? The short answer is yes: there are a few key differentiators between the two.
Understanding the differences between a claim and a lawsuit is important when deciding how to proceed in a personal injury case in South Carolina.
What is a Personal Injury Claim?
When you are injured in an automobile accident or on someone’s property, you may initiate a personal injury claim against the at-fault party’s insurance company. As a victim, you must explain and prove that the other person is responsible for the injuries and damages that you suffered.
The insurance company will assign an adjuster to investigate your claim and may accept that their insured was responsible and pay your claim, make a counteroffer, or reject responsibility and offer you nothing. The adjuster might also interview witnesses, gather evidence, investigate the accident scene, and request a written statement from you.
Submitting a claim has some advantages, such as:
Negotiating with an insurance company can save you money by avoiding the time and expenses required to take the matter to court.
You can receive the settlement faster and avoid the hassles associated with a lawsuit.
You have a better understanding of your claim's value and will have more control over the result. Unlike in a lawsuit, where the judge or jury will decide the value of your claim.
How Can a Personal Injury Attorney Help With a Claim?
After an accident occurs, you will need to file a claim with the other party's insurance company. The company will do everything possible to limit its client's liability and pay you as little as possible.
Hiring a personal injury attorney can help you deal with the insurance company to receive maximum compensation. You should not initiate or settle a claim or speak with an adjuster until you have legal representation. An attorney can guide you on what you should or shouldn't do in order to maximize your claim.
What is a Personal Injury Lawsuit?
A personal injury lawsuit is a legal proceeding filed in civil court. You may decide to file a lawsuit if your original claim was denied, your insurance company either refuses to negotiate fairly, or stops negotiating altogether. Many lawsuits are claims that were unable to be resolved after pre-suit investigation and negotiations. Upon filing the lawsuit, the claimant becomes the plaintiff and the other party (i.e. the person or entity responsible for the injury) becomes the defendant.
To win a lawsuit, you must prove that you suffered injuries and damages from the other person’s negligence. You must provide evidence that will convince the jury that, more likely than not:
They breached the duty of due of care that they owed you as a matter of law. For example, the duty to to drive their vehicle in a safe manner an in accordance with the law;
Their breach was the direct cause of the accident ; and
As a result of the accident, you sustained injuries and damages
When your attorney files a lawsuit, there is no guarantee that you will recover compensation for your injury claim. If not resolved before trial, a jury decides the question of liability and damages. You might believe you have a clear case of negligence and resulting damages, but a jury might not agree and might not agree with the value of your case. Also, filing a personal injury lawsuit is a lengthy process. Specific steps must be completed before the case can go to trial.
How Can a Personal Injury Attorney Help With a Lawsuit?
Battling a lawsuit can be tricky. You may think that the other party's wrongdoings are apparent, but you need sufficient evidence to support this in the eyes of the law. The entire process of a lawsuit is lengthy and requires complicated steps.
A personal injury attorney will create the complaint, gather evidence and witnesses, conduct discovery, complete pre-trial procedures, and fight for your compensation in court. Many times, the parties will want to negotiate a settlement prior to trial. In such a scenario, your attorney can direct those negotiations.
HHP Law Group: Your South Carolina Personal Injury Law Firm
If you or a loved one believe you have a claim for personal injury, find a personal injury attorney to help build your case and advise you.
HHP Law Group attorneys are here to help you tackle insurance companies so you can focus on healing. We demonstrate that we value our clients by taking the time to explain their cases, keeping lines of communication open, and giving advice on how to get the compensation they deserve. Contact us today to schedule a free consultation.