Recovering from an injury due to an accent can be expensive. When the incident was the result of someone else’s action or inaction, you have the right to seek damages, or compensation, via a personal injury claim. Even so, you may feel uncomfortable suing someone; however, as this overview explains, lawsuits rarely target the individual.

Who Is a Personal Injury Claim Filed Against?

Whether you’re involved in a car accident, slip and fall, dog bite, or medical malpractice case, you will probably not be targeting the person involved in the incident. In most cases, the personal injury claim will be directed toward an insurance company. The individual, or business organization, maintains insurance precisely for this reason.

The exception to this is cases where the injuries are caused through deliberate actions. When you deal with an assault, battery, kidnapping, or other violent crime, the perpetrator won’t have insurance to protect them from civil lawsuits. In those situations, your lawyer will likely suggest filing a lawsuit directly against the individual.

Does Every Claim Go to Court? 

Every injury claim follows a specific process, and a lawsuit is only one possible conclusion. Before that determination is made, both sides come together to share the information and evidence they have to support their side. This is called the discovery phase of a claim and, when your attorney presents a strong, evidence-backed case to support your claim, the defense will be more likely to settle.

Insurance companies don’t want to go to court. This is because a trial will take longer to reach a conclusion and will cost them more in the long run. The company may also have to pay a larger award to you. 

While you may be reluctant to sue, that may be the only way to settle your personal injury claim if the insurance company won’t settle. Bellotti Law Group, P.C. in Boston, MA, is experienced at negotiating with insurance companies, which means you’ll have a better chance of settling out of court when you work with them. Backed by more than 30 years of experience, they will help you seek the compensation you need to recover from the injuries caused by an accident. To schedule an initial consultation, visit them online or call (617) 778-1000.