Car accidents are the most common cause of personal injury in the United States. They are also one of the main types of personal injury lawsuits. Every year, 4 to 5% of personal injury lawsuits go to trial. This means that about 95% of them are settled out of court. Another statistic shows that about 90% of personal injury cases that go to trial lose the lawsuit. Imagine a scenario where you sustained injury in a car accident caused by a driver’s negligence. You have stacks of medical bills, costs for bandages and medications and therapy bills that continue to accumulate. You are injured and you cannot go to work. You suffer pain on a daily basis. So what do you do? Should you file a personal injury lawsuit against the negligent driver? Or do you file a claim as a way to negotiate a settlement? A personal injury lawsuit and a personal injury claim are distinct and separate from each other. You should know the difference to understand which one is best for your situation.
Personal Injury Claim
A personal injury claim is always between you and the insurance provider of the driver at fault, before the process of the lawsuit is considered. In the claims process, you and the insurance company’s claims adjuster go through a series of negotiations. Hopefully, these negotiations result in a fair settlement where you and the other party are satisfied. Personal Injury Lawsuit You file a personal injury lawsuit when the negotiation process breaks down and you and the other party are unable to reach a satisfying settlement. The breakdown may take place because the claims adjuster does not think that their insured is at fault, or they do not agree with the seriousness of your injuries and the settlement amount you are asking for. When you cannot come up with a settlement during negotiations, the next step you need to take is a lawsuit.
Beginning a Personal Injury Claim
You begin the claims process when you have been injured or suffer damage to your property, or both, in an accident that results from another driver’s negligent or reckless driving. To cover the costs that arise from these damages, you pursue the other driver and they, in turn, turn the matter over to their insurance provider. Once the at-fault driver informs their insurance company, a claim number is generated and a claims adjuster is assigned to the case. The claims adjuster then opens a claim and contacts you to negotiate a settlement. If you can agree on a settlement, you will not need to file a lawsuit. To settle the case, the claims adjuster requires proof that the at-fault driver who caused the accident was negligent, and that your injuries are serious enough to qualify for a settlement. If you or someone you know has been severely injured due to the negligent driving of another person, you should get in touch with the reliable and experienced personal injury lawyers at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000. The first meeting with us costs you nothing. In fact, we are only paid when you are paid. On top of this, since we only take a percentage of the final settlement or the verdict, you never really pay us at all. You never have to write us a check. We have won millions of dollars for past clients, you too can be on this coveted list.
