You have two options after suffering an injury due to someone else’s negligence in Pennsylvania. You may pursue potential compensation through an insurance claim or personal injury lawsuit. These terms are often used interchangeably, but they are distinct processes.
Understanding the differences between a personal injury claim and a lawsuit can help you make informed decisions about proceeding with your case. A personal injury lawyer can help with your claim or lawsuit.
What Is a Personal Injury Claim in Pennsylvania?
A personal injury claim is usually the first step in seeking compensation for damages after an accident. This process typically involves filing a claim with an insurance company and trying to negotiate a settlement rather than going to court. A claim is usually filed after an accident, such as a car accident, slip and fall accident, or premises liability accident, where another party’s negligence caused harm.
Key Aspects of a Personal Injury Claim
There are four main parts to filing a personal injury claim, including:
- Filing the claim: You and your personal injury lawyer will file a claim with the at-fault party’s insurance carrier. They typically involve submitting a demand letter outlining your injuries and damages, including medical expenses, lost wages, pain and suffering, or property damage. You may also need to provide other documentation.
- Investigation: The insurance company will assign an insurance adjuster to your claim. They will be responsible for reviewing your claim and determining whether it is covered under their insured’s policy. They will scrutinize your demand, examine your medical records, and may even request additional evidence or statements.
- Negotiation: The insurance company may accept, deny, or counter your demand with a settlement offer. Initial offers are typically lower than your anticipated compensation, so your personal injury lawyer will fight to negotiate a fair resolution on your behalf.
- Settlement: Your claim may be resolved without litigation if it settles.
Most personal injury cases in Pennsylvania are settled through personal injury claims rather than lawsuits, as insurance companies often prefer to avoid litigation costs. However, a lawsuit may be necessary if negotiations break down or the insurer refuses to offer you fair compensation.
What Is a Personal Injury Lawsuit in Pennsylvania?
A personal injury lawsuit is a formal legal action filed in one of Pennsylvania’s state or federal courts. Lawsuits are typically filed when the statute of limitations is approaching for your case, when settlement negotiations fail, or when liability is disputed. The litigation process involves presenting evidence, arguing your case before a judge or jury, and potentially obtaining a judgment for compensation.
Key Aspects of a Personal Injury Lawsuit
There are key parts to filing a personal injury lawsuit, including:
- Filing the lawsuit: You will file a complaint in court against the defendant or the allegedly responsible party for your accident. The complaint will detail your allegations against the defendant, the damages you seek, and your legal basis for the claim.
- Discovery phase: Both parties exchange evidence, interview witnesses, and gather depositions to build their cases during discovery. This process can last for months or longer.
- Pre-trial motions and mediation: Lawyers in your case may file motions to dismiss claims or settle disputes before trial. Many cases go through the negotiation process to reach a settlement before trial. This allows parties to avoid the uncertainty of a judge or jury deciding their case.
- Trial: Your case will proceed to trial if no settlement is reached, where a judge or jury will determine liability and potential compensation.
- Appeals: Any party dissatisfied with the verdict may file an appeal, prolonging the legal process.
Litigation is complicated as a pro se party. A Kingston personal injury lawyer can help you or a loved one manage the litigation process and recover potential compensation.
Differences Between a Claim and a Lawsuit in Pennsylvania
Personal injury claims and lawsuits allow personal injury victims to pursue potential compensation, but both processes have key differences.
The differences include:
- Formality: A personal injury claim is an informal negotiation with an insurance company, while a lawsuit is a formal legal proceeding with court-ordered deadlines and processes.
- Timeframe: Claims are typically resolved faster, while personal injury lawsuits can take months or even years to resolve.
- Cost: Claims usually involve fewer legal fees, whereas personal injury lawsuits can be costly due to court costs, expenses, and expert fees.
- Risk and reward: A lawsuit can result in compensation, but there is a risk of losing the case. Claims often provide a guaranteed settlement when an agreement can be reached.
A Kingston personal injury lawyer can help you determine whether pursuing a personal injury claim or lawsuit is right for you.
Personal Injury Lawsuits and the Statute of Limitations in Pennsylvania
Pennsylvania law imposes a time limit on filing personal injury lawsuits. Under 42 Pa. C.S. § 5524, you generally have just two years from the date of your injury to file a lawsuit. You will generally lose your right to seek compensation in court if you miss this deadline unless an exception to the statute of limitations applies to your case.
Navigating personal injury claims and lawsuits can be overwhelming, especially when dealing with insurance companies or courts. An experienced Kingstone personal injury attorney can help evaluate your case, gather evidence, and negotiate for a fair settlement. They can even represent you in court and keep you from running afoul of Pennsylvania’s litigation deadlines and procedures.
Schedule a Free Consultation With a Kingston Personal Injury Lawyer Today
Understanding the differences between a personal injury claim and a lawsuit is important when deciding how to seek compensation for your injuries after an accident in Pennsylvania. While claims are typically the first route due to their efficiency and lower costs, lawsuits provide a means to obtain fair compensation when at-fault parties and their insurers refuse to cooperate.
Call us at (570) 714-4878 to schedule a free consultation with a Kingston personal injury lawyer at Fellerman & Ciarimboli, Law PC to discuss your case and whether pursuing a claim or lawsuit is right for you.