Were you injured in an accident in Columbia, SC? If someone else’s negligence caused your injuries, you can pursue financial relief through a personal injury claim. In some situations, a personal injury lawsuit will be filed on your behalf. What is the difference between a personal injury claim and a lawsuit?
An experienced Columbia personal injury lawyer can evaluate the facts of your accident and explain when a personal injury claim or lawsuit is necessary. Generally, personal injury claims are handled by insurance companies, and personal injury lawsuits go through the court system. To learn more, schedule a free consultation with a Columbia personal injury lawyer.
What Is a Personal Injury Claim?
After an accident caused by negligence, the accident victim can pursue a personal injury claim against the at-fault party’s insurance company. The claimant will need to submit evidence that the policyholder caused the accident and would be liable for the victim’s injuries. You don’t have to have a lawyer to file a personal injury claim, but it can help you tremendously to have an experienced personal injury lawyer who knows how to deal with insurance companies.
Common types of personal injury claims include:
- Car accident claims
- Business liability insurance claims after a slip and fall or premises liability incident
- Medical malpractice claims after a medical injury.
In a successful personal injury claim, you would receive a financial settlement from the insurance company that fairly addresses your damages from the accident.
What Does the Insurance Company Do in a Personal Injury Claim?
Insurance adjusters handling a personal injury claim will analyze the claim’s value and what should be paid out to the victim. The insurer will use their own experts, tables, and charts to assign a value to your claim. Their estimate will be based on the facts of the accident, any statements you’ve made about the accident, the severity of your injuries, and the insured’s role in the accident. Based on this, they will send an offer to settle the claim.
However, the insurance company might also reject the claim or send you a disappointing lowball offer. In either situation, you and your personal injury lawyer can negotiate and fight back to get a stronger settlement offer. Experienced lawyers know that an insurance company’s first offer is almost never what your claim is truly worth. Insurance companies don’t make profits by paying out fully on all claims, after all.
What Does a Lawyer Do in a Personal Injury Claim?
A personal injury lawyer’s job will be to argue your side and negotiate a settlement. Your lawyer will gather all evidence available to make the strongest claim possible on your behalf. They will present police reports, accident reports, photos and video, physical evidence, and expert reports to argue what your claim is worth.
Your lawyer will also submit proof of your medical bills, lost wages, and other costs from the accident, along with your pain and suffering. A personal injury lawyer will handle all the legal work of a personal injury claim while you focus on your physical and emotional recovery.
Pros and Cons of a Personal Injury Claim Vs. a Lawsuit
Some benefits involved with a personal injury claim through the insurance process include:
- Avoiding court costs and attorney fees involved with taking a case to trial
- Receiving a settlement payment sooner
- Getting an idea of what your claim is worth
- Avoiding the risk of a jury verdict in the other party’s favor.
Some downsides in focusing on a personal injury claim include:
- Waiting on an insurance company to make a decision
- Settling early might not cover your full range of damages if you need ongoing treatment or face reduced earning capacity
- The insurance company gets the final say in what you are paid.
A personal injury lawyer will help guide you when the insurance claims process might be the better option for you.
What Is a Personal Injury Lawsuit?
In a personal injury lawsuit, you will allege that another individual’s negligence caused your economic and non-economic damages. In a lawsuit, the plaintiff must prove the elements of negligence to win their case. They must prove it was more likely than not that the defendant caused their injuries.
However, only about 5% of personal injury cases go to trial. The vast majority of personal injury lawsuits are settled before trial.
What Are the Pros and Cons of a Personal Injury Lawsuit?
Some benefits involved with a lawsuit include:
- A judge and jury can offer a fair and balanced perspective on your claim;
- Potential to receive more than you would through an insurance claim;
- The ability to testify and share evidence in court to prove your claim
Potential negatives involved with a lawsuit can include:
- No guaranteed outcome if your case goes to trial;
- The time involved – a personal injury lawsuit can last over a year from start to finish;
- Potential to receive less than you feel your claim is worth – or nothing at all.
When an insurance company won’t make a fair settlement offer, a personal injury lawsuit can be your next step.
A Personal Injury Lawyer Can Help With Your Claim or Lawsuit
Whether you are pursuing a personal injury claim, a lawsuit, or both, you’ll want skilled legal help. An experienced Columbia personal injury lawyer can answer your questions and help you on your path forward. Schedule your free consultation today.
