What’s The Difference Between a Personal Injury Claim and a Lawsuit?

Personal Injury Lawsuit

If a settlement can’t be reached with an insurance company, your attorney will file a personal injury lawsuit against the person responsible for your injuries.

The personal injury lawsuit will allow you to pursue compensation for damages resulting from injuries through the legal system. 

Lawsuits are more complicated because you have to prove to a judge or jury that the at-fault party was negligent.

The jury has to be convinced that their negligence caused the accident that resulted in your injuries.

A personal injury lawsuit can last several months or longer.

There are several stages in a personal injury lawsuit, including:

• Filing – Your attorney files the initial documents with the court to ensure all parties are notified of your intentions.
• Discovery process – During the discovery process, ach side investigates the matter to gather evidence that supports their case. At this point, either party may make attempts to settle the case before it moves to trial.
• Trial phase – If a settlement isn’t reached, the case proceeds to trial. Each side presents its argument to the court and jury. This process may involve multiple hearings, and a settlement may still be pursued throughout the trial phase.
• Completion of trial – After all of the arguments are heard, the jury is dismissed to determine its verdict. If the jury rules in your favor, a compensation award amount is also determined.
• After the verdict is read – After a ruling is made, the losing side can still file an appeal. An appeal can lead to a new trial or settlement between the parties.