You may be considering taking legal action when you’ve been injured due to someone else’s negligence. But what’s the best way to do so? Should you file a personal injury claim vs lawsuit?
The answer to this question depends on several factors, including the severity of your injuries, the number of damages you’ve suffered, and the state in which you live. In this post, we’ll compare personal injury claims and lawsuits so you can decide which is the best option for you.
What is a personal injury claim?
A personal injury claim demands compensation from the at-fault party’s insurance company. The insurance company will investigate the claim, and if they find their policyholder liable, they will offer a settlement.
Most personal injury claims are resolved without filing a lawsuit. Most claims are resolved within a few months. However, some claims can take longer, especially if the insurance company denies liability or disputes the number of damages.
What is a personal injury lawsuit?
A personal injury lawsuit is a civil action that is filed in court. When you file a lawsuit, you ask the court to award you damages.
A lawsuit is usually only necessary when a personal injury claim has been denied or the insurance company offers an unfair settlement. Lawsuits can take longer to resolve than personal injury claims, sometimes taking years.
How do you know if you should file a personal injury claim vs lawsuit?
If you’ve been injured due to someone else’s negligence, you may wonder if you should file a personal injury claim or lawsuit. The answer to this question depends on several factors, including the severity of your injuries, the number of damages you’ve suffered, and the state in which you live.
A personal injury claim may be the best option if you’ve suffered minor injuries and your damages are relatively small. If you’ve suffered serious injuries or your damages are significant, you may want to consider filing a personal injury lawsuit.
Of course, other factors are to consider, such as the statute of limitations and the at-fault party’s insurance coverage. It’s important to consult with an experienced personal injury attorney to discuss your legal options and determine the best course of action for your case.
Statute of Limitations:
The statute of limitations is the period in which you must file a personal injury claim or lawsuit. In most states, the statute of limitations is two years from the date of the injury. However, exceptions exist, such as when the injury is not discovered until later.
It’s important to be aware of the statute of limitations in your state and to file a personal injury claim or lawsuit before the period expires. If you don’t, you may be barred from recovery.
At-Fault Party’s Insurance Coverage:
Another factor to consider is the at-fault party’s insurance coverage. If the at-fault party has liability insurance, their insurance company will usually be responsible for paying your damages.
However, if the at-fault party does not have liability insurance, you may have to file a personal injury lawsuit to recover compensation. In this case, you would likely sue the at-fault party directly and try to collect damages from them directly.
Contact and Visit Us at Garcia and Phan Southern California Personal Injury Lawyers
If you’ve been injured in an accident, you may wonder if you should file a personal injury claim or lawsuit. The answer to this question depends on several factors, including the severity of your injuries, the number of damages you’ve suffered, and the state in which you live.
At Garcia and Phan, our experienced personal injury attorneys can help you understand your legal options and determine the best course of action for your particular case. Contact us today at (714) 586-8298 for a free consultation.
