Insurance Claim vs Personal Injury Lawsuit

what is an injury lawsuit

What Is The Difference Between Claim & Lawsuit?

There is a difference between an insurance accident claim and personal injury lawsuit, however the terms are often used interchangeably. Accidents can come in all forms. This article focuses on auto insurance and car crashes specifically. Below is a brief overview of each process with key points and differences.

What Is an Accident Claim?

Laws vary by state. Auto insurance providers are almost always called when there is a car accident. (Good advice is to report any accident, especially if there are multiple people or vehicles involved.) Report your accident to both the insurance company, and law enforcement. Law enforcement may or may not come to the scene of the accident. However, your calls will prompt the insurance claim. Insurance adjusters and investigators may do independent investigations. This is true especially if damages and injuries are serious. The initial goal of the auto accident investigation is to determine who is most responsible for the crash. In any case, an accident investigation uncovers details. Accident investigations consider parties involved, injuries sustained, hospital data, witness statements, police reports, etc. The idea is to pinpoint who is most responsible for causing the accident. Occasionally, the insurance will conclude that both drivers shared a percentage of responsibility. This conclusion is their opinion. The payout offered to the victim will be based on opinions and conclusions of the insurance company.

Legal Rights As Accident Victim

Victims and injured passengers will expect to be compensated for damages. Damages can cover many things, often beyond what insurance is willing to compensate for. Injuries and personal property may represent a small portion of the big picture. Nevertheless, the payment process is initially conducted by the insurance company. When insurance companies disagree with each other they negotiate. Therefore, during the insurance claims process, there is a lot of going back and forth. You may be questioned by the insurance company multiple times. When you’re not at fault for the accident, it’s important to realize that the other insurance representatives are not on your side. Be careful what you say. Even after all the negotiating, the insurance company representing the at-fault driver may still attempt to pay less than what is fair. When the insurance payout is not adequate or acceptable to you, it is your legal right to seek further investigation and counsel. At any point that you feel legal representation would benefit the outcome of your claim, contact a personal injury attorney right away.

Settling The Accident Claim

The negotiation process doesn’t always end in an agreement.  Some folks will accept the insurance payout, while others may question it. If you feel that the payout is to little, then don’t accept it. Even if an innocent person is badly injured, requiring intensive medical attention, the insurance company will likely attempt to settle for pennies. When that happens, your next move is to seek a personal injury consultation. Your initial consultation with an accident attorney is often provided as a free service. During this consultation, share the details of your experience. Obtain basic legal guidance and direction. An experienced injury attorney will know fairly quickly if you have the potential for more compensation. At Action Law Offices, there are no fees unless they win your case. Once the attorney is retained, the process of a personal injury lawsuit can begin.

What is an Injury Lawsuit?

Injury lawsuits are sometimes referred to as injury claims. However, unlike claims which are filed with insurance companies, a personal injury lawsuit is a civil action filed by an attorney. Retain a personal injury lawyer to dig deeper into your case. When an auto insurance has given more headaches than the payout offered, let an injury lawyer deal with them. Hiring legal representation will take away the headaches that come with insurance companies. An attorney will pursue the responsible person, persons, entity and or insurance companies for full and fair compensation. The insight and knowledge that an experienced accident attorney provides far exceeds what an insurance company can do. The investigations, evaluations and inspections conducted by an accident law firm are more in-depth. Focus on healing while your attorney and legal team handles all the details. Remember, when your case is backed up by an experienced injury attorney, you’re more likely to get full and fair compensation. Insurance companies are not on the side of the victim.

Who Handles Injury Lawsuits in Wisconsin?

It’s not uncommon for accident settlements to go beyond the insurance company. For nearly twenty years, Action Law Offices has focused their Wisconsin law firm on accident cases. They protect the rights of innocent accident victims like you. They fight to ensure that the wrongly injured receive fair compensation. Their experience representing injured victims means that lawsuits are often settled without going to court. There are no fees to collect unless Action Law Offices WINS your case.

DISCLAIMER: Blogs and articles cover very basic accident and injury topics for education and awareness such as statistics, Wisconsin Laws, injury areas, compensation and injury victim rights. Information not intended for legal advice; consult with an attorney directly.