If you were injured in an accident, one of the first decisions you may face is whether to file an insurance claim or a lawsuit. These two paths both aim to recover compensation for your injuries, but they are very different processes. Understanding how each one works can help you make the right move for your personal injury case.
A personal injury claim is often the first step after an accident. This process happens outside the courtroom and is handled directly with the insurance company of the person or business responsible for your injuries.
You may have a claim if you were hurt in:
Filing a claim allows you to seek compensation for your damages without filing a formal lawsuit.
You or your lawyer will submit a demand letter that outlines what happened, who was at fault, and how much money you are requesting.
The insurer will review the evidence, which may include:
The insurance company can either accept the claim, deny it, or make a counteroffer. In many cases, claims are resolved through negotiation.
A personal injury lawsuit is a formal legal case filed in civil court. It is usually the next step if the claim process fails. The insurer could have denied the claim, offered far too little, or refused to negotiate in good faith.
Once a lawsuit is filed, the process becomes much more structured, with key steps including:
Lawsuits are more time-consuming and formal than claims. However, they are often necessary when the insurer refuses to pay what you are owed.
While both processes seek compensation for your injuries, they differ in many ways:
A claim may be the right option if the insurer cooperates and makes a reasonable offer. A lawsuit becomes necessary when they stall, delay, or refuse to pay fairly.
Most personal injury cases begin with an insurance claim because it’s faster, cheaper, and less stressful. A well-supported claim can lead to a fair settlement without needing to involve the courts.
Even if you start with a claim, there are times when filing a lawsuit becomes necessary.
You may need to go to court if:
Filing a lawsuit does not mean you are guaranteed a trial. Many cases settle after the lawsuit begins, especially once discovery starts or trial approaches.
Yes. Most personal injury lawsuits settle before reaching trial. In fact, filing a lawsuit can sometimes motivate the insurance company to make a better offer. They may not take your case seriously until they see that you are willing to fight in court.
Settlement talks can continue throughout the lawsuit, even during discovery or on the eve of trial. Courts often encourage both sides to mediate or negotiate before proceeding to a full trial.
In most New York personal injury lawsuits, you typically have three years from the date of the injury to file a lawsuit. The deadline for wrongful death cases is slightly shorter (two years).
If you miss the deadline, you could lose your right to pursue compensation, even if you have a strong case. Starting with a claim does not stop the clock. That’s why it’s important to speak with a lawyer early in the process.
You are not required to have a lawyer, but having one can make a major difference.
An experienced personal injury attorney can:
Insurance companies often try to take advantage of unrepresented claimants. Having a lawyer levels the playing field and shows you mean business.
If you were injured by someone else’s negligence, you have the right to pursue compensation. The process usually starts with a claim, but it may lead to a lawsuit if the insurance company does not cooperate.
Understanding the difference between these two paths is essential. With the help of a qualified Utica personal injury lawyer, you can choose the right approach, meet important deadlines, and seek the full value of your case. Call Passalacqua & Associates, LLC at (315) 500-6425 to schedule a free consultation.
Passalacqua & Associates, LLC provides legal representation for individuals facing personal injuries and criminal charges. Our attorneys offer compassionate guidance and aggressive strategies, and we’re committed to achieving the best possible outcomes. We’ll protect your rights and navigate legal complexities on your behalf.
Passalacqua & Associates, LLC proudly serves clients in Utica, Syracuse, and the surrounding upstate New York communities. We are dedicated to providing accessible and effective legal services to those in need of experienced personal injury and criminal defense representation within these regions.