In Albany, where the cost of living is 3.8% higher than the national average, an accident can turn your life upside down in an instant. It may be an automobile accident, a slip & fall, or maybe a workplace injury – which results in financial stress, pain, and damage. If somebody else caused your injury, you deserve compensation. But here is where the misunderstanding begins—should you file a personal injury claim or a lawsuit? Many think these are the same, but they’re different. Know the difference so you can make the correct decision.
If you are injured in an accident in Albany, you might want to get legal aid. Personal injury lawyers in Albany will assist you throughout the claim process and secure fair compensation for you. But just before you get in touch with attorneys, the following are some facts regarding personal injury claims and lawsuits.
What is a Personal Injury Claim?
A personal injury claim is your very first step toward compensation for an injury. This is a request for money from the at-fault party’s insurance company. You do not bring a claim to the courts. Rather, you (or maybe your attorney) negotiate with the insurance provider for a reasonable resolution.
For instance, you’re hurt in an automobile crash in Albany simply because another driver ran a red light. You’d sue them by means of their insurance provider for the money to pay for your medical expenses, lost earnings & pain. Your insurance company will review your claim, look over medical records, and perhaps settle your claim for you.
If the insurance company provides a fair amount, accept it, and the case is closed. In case they offer too little and deny your claim, you might have to file the next step – a lawsuit.
What is a Personal Injury Lawsuit?
A personal injury lawsuit differs from a claim since it involves the court system. In the event negotiations with the insurance provider fail, you might need to sue to obtain everything you deserve.
What this means is you sue the individual or business that caused your injury. A lawsuit involves filing paperwork, attending hearings, and perhaps going to trial. This might take months or years, depending on the case.
For instance, if you slip and fall in a grocery store in Albany and the store will not accept responsibility, you might have to sue them. A jury or judge will likely then figure out if the store is liable and just how much they need to pay you.
Distinctions Between a Claim and a Lawsuit
Now you understand what each one is, let’s break down the differences in crucial ways:
- A Claim Is an Attempt to Settle Without Court: A personal injury case can solve the issue with no judge. This is a negotiationbetween you and the insurance company. A lawsuit is a court fight.
- A Lawsuit Takes More Time & Effort: Because a claim is solved through negotiations, it might be resolved in weeks or months. A lawsuit, though, takes a while since it calls for filing legal documents, attending hearings, and at times even trial.
- Lawsuits Are More Expensive: It costs money to bring a legal action. Some lawyers charge a contingency fee – they get paid out only in case you win. However, lawsuits still require more resources and time as opposed to a claim and could be costly.
- When Insurance Companies Won’t Pay, Lawsuits Are Required: Insurance firms generally attempt to charge the lowest possible cost. In case they decline to give you a fair amount, you might be left with the only alternative to obtain justice – hence, file a lawsuit.
- Claims Are Private; Lawsuits Are Public: You settle a claim – it is private. Nobody knows the particulars besides you, the insurance company, and your attorney. However, once you sue, it becomes public record.
Which One Should You Pick?
In case you were injured in Albany or elsewhere, you need to initially make a claim. It is quicker, simpler, and cheaper. If your insurance company pays you a reasonable amount, you go about your life.
But in case they decline to pay or provide too little, you might be compelled to sue. In such instances, an experienced attorney is usually invaluable.
Final Thoughts
The distinction between a personal injury claim and a lawsuit will enable you to make the correct decision. If you’re injured and reside in Albany, get legal advice. The correct approach can bring you the compensation you deserve with no stress. What is important most is obtaining the justice and monetary assistance you need to recover, whether you settle your claim or even go to court.
