There are two courses of action that you can take if you are injured by another individual. You can either file a lawsuit or file a claim. These two options aim to get back damages from the at-fault party, but though they have the same objective, they employ different means and involve different processes.
There are two main reasons why people prefer a personal injury claim over a lawsuit.
First is because the victim wants to recover immediately the medical and other related expenses brought about by the injury or the accident. As a victim, you have no or little fault in the incident that resulted in your injury, and it’s certainly unfair to expect you to shoulder all the financial consequences of that event. The obligation to pay for hospitalization, therapy, property repair, among other things, should fall on the party responsible for your injury and filing a claim with their insurance ensures that you get paid back faster.
The second reason why a victim prefers to file a claim is to avoid the court. Going to trial entails additional expenses such as fees for lawyers, filing, and preparation of legal requirements. On top of these, a lawsuit would also oblige you to appear in court.
A lawsuit has its own advantages, and it’s worth noting here that you can still settle anytime during the court proceedings if the defendant presents you with an acceptable offer. The decision to do a claim or a lawsuit depends on your situation. To arrive at the wisest decision, it’s best to consult with a lawyer right after something bad happens to you.
Remember: whether that takes a claim filed with the at-fault party’s insurers or a lawsuit directly charged against you, it’s important to take action right after the incident. Acting urgently will give you ample time to negotiate and settle with the insurance and enough to meet the legal deadlines or statute of limitations in your jurisdiction.