Claims and Lawsuits

By on 9-02-2014 in Injury

After being involved in an accident that may have left you with serious injuries, preventing you to go back to work and have doctor and medical bills, you may be thinking of filing charges against the person who caused the accident. Hopefully you could receive compensation for the damages you have suffered. The question is: do you file a personal injury lawsuit or a personal injury claim? Is there really a difference between the two, and which one would you be better off filing?

First, personal injury claim happen between you (the claimant) and the person at-fault (the defendant)’s insurance company, and this happens before any lawsuit is filed or even considered. A claim is something you file to the defendant’s insurance adjuster, and you both negotiate a settlement outside the court. If a settlement is reached between both parties, then a lawsuit is not necessary. However, when there is no agreement for settlement, then you as the claimant can file a lawsuit against the defendant.

On the other hand, when negotiations for settlement between you and the defendant fail, you have the option to file for a personal injury lawsuit. This will bring the case to court. If you are in Michigan, hiring a Detroit personal injury lawyer could assist you in gathering further evidence to present to the judge or jury that would grant you the compensation for damages caused by the accident. If the settlement negotiations are not met, filing a lawsuit would be the next step, because this will leave the decision-making for awarding the compensation for the judge or jury.

It is important to really consult a lawyer before either a personal injury claim or a personal injury lawsuit to ensure that all the important things are gathered and covered. Personal injury cases can be complicated, and each state has their own laws regarding these claims and lawsuits. To make sure that you will have a positive outcome in your personal injury claim or lawsuit, talk with your lawyer, and discuss possible options to solving the case.

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