Accidents happen. The National Center for Health Statistics puts the national number of injury-related ER visits at around 40 million. If your injuries happen because of another party’s unsafe conduct—whether in a car crash, a slip and fall, or any other type of accident—you may be able to hold them liable for your damages. In doing your research about personal injury law, you may have come across the terms “personal injury claim” and “personal injury lawsuit.” While sometimes used interchangeably in common parlance, they technically are not the same thing. Within this article, our Kansas City personal injury lawyer explains the key things to know about the difference between a claim and a lawsuit.
What is a Personal Injury Claim?
A personal injury claim is a formal request for compensation for damages suffered due to personal injuries. Most often, this part of the process begins when an injured victim initiates their case through a demand letter. That demand letter is usually drafted by a Kansas City personal injury lawyer and sent to the defendant and/or their insurance company.
What is a Personal Injury Lawsuit?
A personal injury lawsuit is a civil lawsuit filed against the defendant. The insurance company is usually not sued directly on personal injury claims. However, the insurer may be the party that defends that case. Most often, a personal injury lawsuit is filed when the negotiations for a personal injury claim fail. It is a formal legal process, eventually. involves presenting the case in court.
The Bottom Line: A personal injury claim is not necessarily a lawsuit. You can file a “claim” against an insurance company without actually suing them in court. Still, you should be represented by a Kansas City personal injury lawyer throughout the entirety of your case.
Not All Personal Injury Cases Require Litigation
It is a common misconception that personal injury cases often end up in court. In reality, the majority of these cases are resolved without litigation. Indeed, many personal injury claims reach a settlement agreement without a lawsuit ever being filed at all. When parties reach a satisfactory agreement during the claim process, litigation becomes unnecessary. In some cases, a personal injury lawsuit may be filed, but a settlement agreement may be reached before litigation starts or before the case gets to a verdict. The aim is to secure full and fair financial compensation for your damages, including medical expenses, lost wages, pain and suffering, and other damages.
Schedule a Free Consultation With a Top-Tier Kansas City Personal Injury Attorney Today
At House Law LLC, our Kansas City personal injury lawyers are committed to going above and beyond for our clients. Seriously hurt in an accident? You need a reliable attorney on your side, and we are more than ready to help. Contact us today for a free, no-obligation case review. With an office in Kansas City, we serve communities all across Missouri and Kansas.
Tags: brain injury, personal injury, traumatic brain injury
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