Should You File A Lawsuit Or Negotiate A Personal Injury Claim?

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On a daily basis, there are several accidents, errors, and injury happening to individuals across the globe. However, it is good to appreciate that when you get hurt because of an individual or a business, you have all the rights to expect compensation for the injury.

The big question is: what can you do if you are a victim of an injury? Well, you have the right to file a lawsuit, or you could choose to negotiate a claim. However, you should know that there is a difference between the two, and it is important to understand which is most suitable for the issue.

Difference between a lawsuit and a claim

Assuming that a car hits on the road, it will cause you some damages. Personal injury damages include dental and medical bills, cost of physical therapy, medical expenses which are incurred out of your pocket, pain, and suffering, loss of wages, and loss of personal items like eyeglasses.

If you decided to make an injury claim for the injury, it would be a matter between the insurance company of the driver and you. You have to file a claim with an insurance company of the driver that caused you the damages. There will be a number of negotiations between the insurance company’s claim adjuster and you. These negotiations can result in a settlement payment to which both parties agree. While the claim is not a lawsuit, but sometimes it is best to engage the service of professional attorneys likes for your claim and to agree to appropriate compensation.

If the process of negotiation breaks down and you cannot reach a compromise, you can file a personal injury lawsuit. This breakdown can happen because the claim adjuster of the other party denies that it was his client’s fault and does not agree with the severity of the injuries. He does not accept the compensation amount that you are demanding. Now, this could hit a wall and this is when you will have to file a lawsuit.

How to choose?

A claim will begin after you suffer property damage or bodily injury that is caused due to the negligence of the other person. There are many causes of a car accident where the victim pursues the driver at fault, and this matter goes to the insurance company at a later stage. Whether to file a lawsuit or to negotiate a claim is totally up to you. However, you need to consider the situation before making a decision. The decision can vary from one situation to another and from one individual to the other. The process of filing a claim will have a claims adjuster and a number of negotiations between you and the other party. If you manage to agree on a settlement, there will be no requirement of a lawsuit.

It is best not to make any demands until you have recovered from the injuries. If you want to file a lawsuit, you will require proof of medical bills, loss of wages, etc. You need to have proof of an accident that will show the damages that you have had to face. In most countries, there is also a deadline which you need to follow. You will have to file a claim before the given period in order to ensure that it is accepted and is filed most appropriately.

In conclusion, there is no straight forward answer for personal injury claims. However, it is recommended that you start with a claim through a professional attorney, and file a lawsuit if the claim failed.

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Imala Green is a content writer who often writes about business and personal financial matters.

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