If you were injured in an accident in Tampa, Florida, due to another person’s negligence, you can seek financial recovery through a personal injury claim or lawsuit. What is the difference between a personal injury claim and a personal injury lawsuit?
Personal injury claims are handled through insurance providers, while lawsuits proceed through the court system. Your personal injury case could involve either approach or both, depending on the situation.
What Is a Personal Injury Claim?
If someone is hurt in an accident caused by another’s negligence, they can pursue a personal injury claim against the responsible individual or their insurance provider. Claimants must show evidence that the insured party was liable for the accident and resulting damages. The insurer will review the claim along with any evidence provided. Evidence can include police reports from an accident, medical bills, witness statements, and other proof that the accident happened and the insured party caused the accident. The insurance company will review the claim and can do any of the following:
- Approve the claim “as is”
- Make a counteroffer to the claimant
- Reject the claim.
You’re not required to have a lawyer represent you in a personal injury claim through the insurance process. However, a personal injury lawyer can represent the claimant by filing the claim and negotiating a fair settlement with the insurance provider. Having a lawyer who is experienced in personal injury claims can help you save time, avoid confusion, and obtain a higher settlement than you likely would have received otherwise.
If your personal injury claim succeeds, you will be paid a settlement check from the insurance company without having to take your case to court.
What are the Pros and Cons of a Personal Injury Claim?
Pursuing a personal injury claim instead of a lawsuit can have the following benefits:
- Avoiding attorney fees and court costs that come with filing a lawsuit
- Getting paid sooner through a settlement
- Getting a fair idea of what your claim is worth
- Dealing with less paperwork and hassle than a lawsuit could involve
- Avoiding the risk of a verdict in favor of the defendant in a lawsuit.
Some “cons” with a personal injury claim include:
- Delays involved when an insurance company drags out the process
- Not receiving what your claim is truly worth (if you need future medical treatment or therapy, for example)
- The insurance company has the final say in your settlement amount.
A personal injury lawyer can review your case and determine whether a personal injury claim or lawsuit will be the best approach.
What Is a Personal Injury Lawsuit?
In a personal injury lawsuit, the plaintiff files a complaint in court alleging that the defendant was liable for causing injury and is responsible for financial damages as a result. In a lawsuit, the plaintiff uses different types of evidence to prove negligence and establish monetary damages.
A plaintiff only needs to prove it was more likely than not that their injuries were caused by the defendant. Only about 5% of personal injury cases typically go to trial nationwide. Your personal injury lawyer will work tirelessly on your behalf to secure a full and fair financial settlement.
What Are the Pros and Cons of a Personal Injury Lawsuit?
Some “pros” of filing a lawsuit include:
- A judge and jury can provide a fair and neutral judgment of your case
- You could receive a higher financial award through a settlement or jury verdict
- The prospect of a legal defeat can encourage defendants and their insurers to settle.
Possible drawbacks involved with a lawsuit might be:
- The time and cost involved – a personal injury lawsuit can take several months or over a year to complete, leading to higher legal fees along with it
- Lack of certainty over the outcome
- Possibility of receiving less than your claim is worth or nothing at all.
In some cases, a personal injury lawsuit makes sense when an insurance claim will not address the full scope of your losses.
A Tampa, FL, Personal Injury Lawyer Can Help With Your Claim or Lawsuit
If you were injured in an accident in Tampa, Florida, a personal injury claim or lawsuit can become necessary. Under either approach, you want skilled legal help to get the most out of your claim or lawsuit. An experienced Tampa personal injury lawyer can help you understand your legal options and what comes next. Reach out to Mincone Personal Injury Lawyers today to schedule a free consultation. You can contact us online or call (813) 800-0810 today.
