Claim Vs. Lawsuit: Understanding Personal Injury

Understanding Personal InjuryInjuries happen everywhere, every day. They are so commonplace that it is easy to ignore them or to think they will not happen to you. Nevertheless, when they do happen, their being common does nothing to ease the pain of your suffering.

In law, a personal injury case is a legal dispute. It arises when a person suffers an injury or an accident which may have been caused by someone else. Civil court proceedings may arise in such a case, with the intent to find who is at fault legally. Informal settlements outside of court, however, are much more common.

Claim Vs. Lawsuit

These are not one and the same or interchangeable. You have to decide which one of them you should file in case you suffer an injury and believe that someone may be at fault and is therefore legally liable.

A good example to demonstrate the difference between the two is a car accident. If the other driver is at fault, you can file a claim with that person’s insurance company. You will then enter into a series of negotiations with the insurance claims adjuster. If you and the at-fault party are both satisfied with the terms, your problem is settled peacefully.

Sometimes, negotiations fail. For example the adjuster is not convinced that their client is at fault in the accident, or does not agree with the amount you want in compensation. Your personal injury attorney in Provo may advise you to file a lawsuit. You now have to present your case in court and take on the burden of proof that you are indeed entitled to compensation. The other party must prove otherwise.


The insurance company’s claims adjuster will need proof that their insured client was indeed at fault in the accident. They must also be convinced that your injuries merit the compensation you are demanding. They will review your medical bill and chart, witness accounts, police report, photos of the scene, damage to your vehicle, and other evidence you provide.

If you are ever in a situation like this, it is best to call your insurance provider and your lawyer immediately. They will advise you on what you are supposed to do to increase your chances of getting a fair compensation.