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What’s in a Claim? How Does it Differ from a Lawsuit?

February 9, 2012
Colson Hicks Eidson

In our blog posts this week, you have seen the terms “personal injury claim” and “personal injury lawsuit.” You might have thought that they referred to the same thing, but that is not true. A personal injury claim involves you and the defendant and/or their insurance company. The personal injury claim does not involve the courts. A personal injury lawsuit occurs when you take the defendant(s) to court because the claim did not result in a fair settlement.

After your injury, your personal injury attorney will gather all the evidence and make a claim on your behalf against the person that harmed you and their insurance company. The claim details your injuries and alleges that the defendant is responsible for your injuries. The insurance claims adjuster will examine your claim and may require you to see their doctor. After looking at all the evidence, the insurance company will respond.

Their response will be to pay your entire claim, pay some of your claim or pay nothing. Your attorney will attempt to negotiate a settlement that is fair to you. If negotiation does not yield a fair settlement, your attorney will file a personal injury lawsuit and involve the court.

The process could vary for auto accidents depending on whether your state is a fault or no-fault state. Do you need to file a personal injury claim?

Colson Hicks Eidson – Florida injury lawyers