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How is a personal injury claim different from a personal injury lawsuit?

Dec 26, 2020


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In some countries like the USA, Canada, there has been a rule for personal injury.  If you are injured by someone else or by accident, though it is not your fault, you must deserve the compensation. So, to get the compensations, you may claim for personal injury or can do a personal injury lawsuit.


To claim or lawsuit for personal injury for getting the compensation depends on your losses. These losses include bone fractures, disfigurement, dismemberment, loss of a body organ, and any kind of serious injuries that need expensive surgery.


Thus, they are considered to compensate you for the loss which strongly covers the following things for your monetary compensation-




  • Extensive medical bills

  • Lost wages

  • Serious physical pain

  • Emotional suffering

  • Mental distress

  • Living a humbled quality of life

  • Loss of support as well as companionship

  • Incapability for your home and vehicle accommodations


So, for those following mentioned things, you can demand your monetary compensations in two ways-




  1. Personal injury claim

  2. Personal injury lawsuit


But there is a difference between the two ways. So, before getting compensation in these two ways, it's important to know 'how is a personal injury claim different from a personal injury lawsuit?' Let's know in detail.



How will you differentiate a personal injury claim from a personal injury lawsuit?


We will discuss the following things that can differentiate a personal injury claim from a personal injury lawsuit.



INVOLVEMENT OF INSURANCE COMPANY


The main difference between these two ways involves the insurance company. In case of a personal injury claim, there involves an insurance company. This insurance company will negotiate a settlement for the compensation.


And, there will be no at-fault party involved in this negotiation settlement.  The insurance company will take full responsibility for it.


But, in the case of a personal injury lawsuit, there involves the at-fault party to get the monetary compensations through a court of law.



TYPE OF ACCIDENT


The type of accident is another major difference that can differentiate the two ways. If you have had an accident where you have no faults, then you can demand a personal injury claim. There isn't a need for demanding a personal injury lawsuit.


But, if you need to document a claim or a lawsuit, this choice depends on the seriousness of the wounds and the type of the accident.



THE DIFFERENTIATING STEPS


Some steps need to be followed for these two ways. And each of the ways has different steps that can also differentiate them.



Personal Injury Insurance Claim


The process for claiming a personal injury is easier as well as more straightforward than the lawsuit process. The steps for personal injury claim are-




  • You need to document the case by informing the insurance agency/organizations of the at-fault party successfully that you have been engaged in an accident and you have wounds. Try to claim this within 24 to 48 hours of the accident.

  • At that point, the insurance agency will dispatch an examination concerning the case. Try to gather all the evidence of the accident.

  • Then, you need to compose a demand letter in detail to the insurance agency.

  • After that, the insurance agency will decide the benefits of your claims.

  • Lastly, if the insurance company has chosen your case has merit, arrange a settlement between you and the insurance company. You may accept or reject the settlement.


Personal Injury Insurance Lawsuit


If your insurance company denies the risk (low offer or no compensation at all), then you need to attempt a personal injury lawsuit. You can also file for a lawsuit if you think that the insurance agency is haggling in dishonesty. Yet, you need to demonstrate this.


The steps for personal injury lawsuits are-




  • First, your attorney will do a legitimate examination as well as fact-finding to gather all the significant documents.

  • After that, the legal advisor will draft the "Statement of Claim".

  • Then, the defendant reacts with an "Explanation of Guard". Here, your legal advisor may set up "The Answer" as the last argument to the protections and real conflicts.

  • The next step is a 3-hour compulsory intervention.

  • Then, there comes the revelation step where the two groups will have the opportunity to analyze the disclosure.

  • After that, a settlement gathering happens before a judge.

  • And finally, the jury will choose whether the lawsuit has merit or not. If it has merit, there will be an honor for it.


Bottom Line


Well, it will be easy for you to understand the difference between these two ways if you know some basic information about 'how is a personal injury claim different from a personal injury lawsuit?' Besides, it will work best when you are going through such specific conditions.


Before you decide whether to file for a claim or lawsuit, you should consult with a personal injury lawyer like Red Deer Pedestrian and Bicycle Accidents Lawyer to settle on the choice. He will not only have the preparation but also have experience as well that is important to control you appropriately.


Employing a legal counselor for the whole cycle additionally permits you to mend from your wounds and builds your odds of getting a decent remuneration.