When individuals get hurt because of another party’s negligence, they have the right to pursue compensation for all of the resulting damages. Both personal injury claims and lawsuits can result in sizable payouts that cover all of the losses incurred. The similarities between these two proceedings essentially stop there, however. If you’re thinking about filing one or the other, here is what you should know about the major differences between the two.
For most accident victims, the first course of action for pursuing a payout is filing a personal injury claim. Instead of going up against the party that is at fault for the incident, this entails filing a third-party claim with the liable party’s insurer. This is the fastest way to recover compensation following any kind of accident, and as long as you have sufficient proof of both liability and damages, you should be able to secure a fair settlement. If the insurance adjuster is uncooperative or disputes various aspects of the claim, though, it may be necessary to file a lawsuit.
Filing a lawsuit is typically the last resort for injured parties because of the added hassle that comes with doing so. Additionally, when you take the case to court, you essentially relinquish control of the outcome, leaving it up to a judge or jury instead. For this reason, both parties are usually motivated to settle. If the insurance adjuster refuses to offer a fair payout, though, it may be in your best interests to file a formal suit. Personal injury lawsuits follow the same procedure as other civil suits—conducting discovery, filing various motions, attempting to settle, and going to trial.
If you want to file a personal injury claim or lawsuit in Missouri, get in touch with Coyne, Cundiff & Hillemann, P.C. Practicing out of Lake St. Louis, the seasoned trial attorneys at this full-service firm have more than 75 years of combined experience in the legal field. In addition to personal injury law, they practice criminal defense and family law, which means you can turn to them for virtually all of your legal needs. To schedule a free case review with someone on their team, fill out their online form or call (636) 561-5599.