Claims and lawsuits are components of personal injury law that aim to recoup financial damages for an accident victim. Despite sharing this common goal, however, their similarities end there. Each one serves a specific purpose in personal injury law processes and negotiations. To better understand these purposes, learn more about the differences between claims and lawsuits below.

Claims

A claim typically comes before a lawsuit. It is filed directly with an insurance company, not within the court system. In the case of a personal injury, the victim usually first files a claim with the liable party's insurer. Although a claim doesn't involve the courts, it is nonetheless a formal request for compensation and carries a certain amount of official weight. An injury settlement is negotiated between the victim and the insurer, often with the guidance or intervention of a personal injury law attorney. Filing a claim comes with little financial cost, so if it is denied by the insurer, the victim is out little, if any, money and can then consider whether to proceed with a lawsuit.

Lawsuits

A lawsuit follows the denial of a claim or the breakdown of settlement negotiations. This is a matter that is handled by the civil court system. The victim will file a lawsuit against the liable individual, their insurance company, or both parties, depending on the details of the case. The claimant is now the plaintiff, and the other party is the defendant. To file a lawsuit, the plaintiff must follow defined legal channels. This usually starts by filing a formal complaint with the courts, followed by discovery, mediation, injury settlement negotiations, and, rarely, a trial. The terms lawsuit and case are used interchangeably and mean the same thing, but neither one is a claim.

If you're an accident victim with a valid claim, start exploring your legal options. Peck & Peck, Attorneys at Law, have more than 60 years of combined experience serving the Hartford County, CT, area. They offer representation in personal injury law, family law, and criminal defense matters. Schedule a free initial consultation by calling (860) 236-4782 or visiting their website.