If you have acquired injuries because of someone else’s negligence, the law allows you to get justice by seeking compensation for your damages. There are two ways to do this: filing a lawsuit and filing an insurance claim. Many people, even some educated ones, often use these two terms interchangeably when in reality, there is a vast difference between them.
Insurance claims do not require one to go to court and often settle personal injury cases quickly. On the other hand, lawsuits require you to attend hearings, and you will most likely need to hire an attorney to represent you. Whichever option you choose, you must know the fundamental differences between them to understand what is best for your criminal defense case.
What is an insurance claim?
An insurance claim involves working privately with the defendant’s insurance company to receive compensation.
In all the US states, citizens are required to carry insurance. When you get involved in an accident, their insurance is used to pay for your damages. To get compensation, you need to establish the other party’s liability by producing the necessary evidence. These may include medical bills, injury reports, and other damages.
The procedure involves filing a claim with the defendant’s insurance company. They review your claim and either accept it, make a counteroffer, or reject it. If an insurance claim does not settle, you may opt for a lawsuit.
What is a lawsuit?
A personal injury lawsuit should be your next option when the insurance company does not accept your offer or make a reasonable one. A lawsuit also involves filing a claim for injury compensation. The only difference is that the process takes place in court. Both parties put forward their arguments and supporting evidence before the jury.
In the courtroom, you are required to produce the necessary evidence supporting your statements and establish the other party’s liability. To get compensation, you must also prove that you do not share fault in the accident whatsoever. The jury hears both sides, makes a decision, and decides how much compensation you should get.
To maximize your compensation, you must inform the jury about the full extent of your damages. You need to produce evidence of your medical bills, injuries, property damage, lost wages, and other non-economic damages.
How a lawyer can help your case
Whether you choose to file a personal injury insurance claim or lawsuit, you must understand their differences and hire an attorney to handle your case. An experienced and skilled attorney will use their best resources to maximize your compensation and settle your case as soon as possible.