What’s the Difference Between an Injury Lawsuit and an Injury Claim?

by actuate | July 12th, 2021

After an injury, you may have many expenses. You may need medical treatment, which can include everything from a cast for a broken bone to surgery to weeks or months or physical rehabilitation. You also may be unable to work, which means no paychecks until you’ve recovered enough to get back on the job.

When many people are in your shoes, they look to the parties that caused their injuries to get compensation for their expenses. And there are two ways to go about getting that compensation: filing a damages claim against their insurance, or filing a lawsuit against them.

Filing a claim against the at-fault party’s insurance is almost always preferred by everyone involved—including the insurance company. In this situation, payment for damages is negotiated between the victim, their lawyer, the negligent party, and their insurer. When all sides agree on an amount, it’s paid up and the claim ends without ever going to court.

But when the at-fault party or their insurance company either refuse to admit fault or pay a fair settlement, filing a lawsuit is the next step. That’s when the damages claim goes to court and is heard by a judge and jury. Insurance companies usually want to avoid this, as it’s costly and risky. But sometimes, they dig their heels in and refuse to pay unless they’re ordered to by a judge and jury.

At Lowell Stanley Injury Lawyers, we use both methods to get our clients full compensation. Although we strive to avoid going to trial, we aren’t afraid to do so if it means getting victims the money they’re owed. Contact our Virginia personal injury lawyers today for a free consultation.