If you’ve been injured in an accident, you may wonder whether you should file an insurance claim or pursue a lawsuit—or if they’re even different at all. While both paths aim to get you compensation, they’re very different in process, timing, and strategy.
Here’s a breakdown of the key differences between a personal injury lawsuit and an insurance claim, and how to know which one might be right for your situation.
Insurance Claim: The First Step in Most Cases
An insurance claim is usually the first action taken after an accident. It’s a request for compensation made directly to the at-fault party’s insurance provider (or your own, in certain cases).
Key Points:
- It’s informal, outside of court
- It involves negotiation with insurance adjusters
- Most claims are settled without litigation
- Faster than a lawsuit, but often results in lower offers
You can file a claim for:
- Auto accidents
- Slip and fall injuries
- Dog bites
- Other liability-related accidents
Personal Injury Lawsuit: A Legal Action in Civil Court
A lawsuit is a formal legal action filed in court when:
- The insurance company denies your claim
- They offer a lowball settlement
- There are disputes about fault or damages
- Your injuries are severe or long-term
Key Points:
- Takes longer (months to years)
- Involves court filings, discovery, and potentially a trial
- Offers more tools for building your case (like subpoenas, depositions)
- May result in higher compensation through a verdict
Timeline Differences
| Insurance Claim | Lawsuit |
|---|---|
| Usually resolved in weeks/months | Can take 1–2+ years |
| Negotiation-based | Legal process with rules |
| Often private | Public record |
Costs and Complexity
- Insurance claim: No court costs, but still benefits from attorney negotiation
- Lawsuit: More complex, but typically handled on contingency, so you don’t pay unless you win
Your lawyer will handle both processes—starting with a claim and moving to a lawsuit only if necessary.
Which Path Is Right for You?
It depends on:
- The severity of your injuries
- The insurance company’s response
- How clear the liability is
- Your willingness to wait for a larger payout
Most cases begin with a claim. If negotiations stall, your lawyer will discuss whether filing a lawsuit is in your best interest.
Start with a Claim—But Be Ready to Fight
Insurance claims are a good first step—but they’re not always the final one. If negotiations fail, a personal injury lawsuit may be the best way to secure full and fair compensation.
Not sure which route to take? Let’s discuss your options.
Contact the Personal Injury Law Firm of Figeroux & Associates
Schedule a free consultation today!
Call 855-768-8845
Visit www.askthelawyer.us
