If you are like other people, you are probably confused about the difference between personal injury claims and personal injury lawsuits. Although both can be used to pursue monetary compensation for accident-related injuries, they have vital differences. RSH Legal – Iowa Personal Injury Lawyers can review your claim and give answers to any questions you may have regarding personal injury claims and lawsuits.
What are Personal Injury Claims?
Personal injury claims are also called insurance claims. Here, you file a claim for financial compensation with an insurer. This insurance company can be your own or the party responsible for your injuries. Depending on the kind of accident that caused your injuries, you may file a claim against a liability insurance policy, a car insurance policy, or a property owner’s insurance policy.
Once an insurance company learns about an accident their policyholder has been involved in, they will investigate the accident to know how it occurred, the party responsible for it, and the extent of damages sustained by the victim. During this stage, an insurance adjuster will examine your medical records and the official accident report.
In addition, the insurance adjuster may contact you and get you to make a recorded statement. But you should not speak with the adjuster before you can consult with an attorney. You can have your injury lawyer handle talks with the adjuster for you to protect your best interests.
Keep in mind that insurance companies do not care about your interests or situation. Rather, they are focused on protecting their bottom line, so they will find a way to save money or avoid paying any money at all when handling claims. Your attorney can negotiate with the insurer to settle your claim out of court.
What are Personal Injury lawsuits?
If the insurance company refuses to settle your claim, your lawyer can file a lawsuit in court against the party responsible for your injuries. Through a personal injury lawsuit, you can pursue monetary compensation for damages that resulted from your injuries through a legal process. But this option is more complicated than filing a claim since you need to prove to a jury that the defendant acted negligently and that this negligence resulted in the accident that caused your injuries. Personal injury lawsuits can take months or even years to resolve. They involve different stages, such as the filing stage, the discovery process, the trial phase, and the verdict.