What’s the difference between a personal injury claim and a lawsuit?
A personal injury claim is a demand for payment you send to an insurance company, usually settled out of court. A lawsuit begins when you file that dispute in court. In California you generally have two years from the injury to sue, under Code of Civil Procedure section 335.1. Most cases settle as claims and never reach court.
The terms claim and lawsuit are used interchangeably when people discuss accident and personal injury cases. However, the two terms have very different meanings in the legal field. The primary difference between a claim vs. a lawsuit is whether the matter ends up in court.
Understanding more about claims and lawsuits can help you be better prepared to navigate your personal injury case.
What Is a Personal Injury Claim in Hermosa Beach, CA?
A claim is a cause of action that is enforceable in court. In a personal injury matter, a claim is an allegation that someone caused your injuries and, therefore, they are responsible for your damages.
We use personal injury claims to describe a set of facts filed as a claim with an insurance company after an accident or injury. The insurance claim demands damages for the harm and losses caused by an incident covered by the insurance policy. Generally, the insurance company assigns an insurance adjuster to investigate the claim.
If the adjuster finds the insured liable for causing the claimant’s injuries, the company may make a settlement offer to resolve the claim. In many cases, if the claimant makes an offer, the insurance company makes a counteroffer for a lower amount.
Things to remember about personal injury claims include:
- Claims are often settled quicker and are less costly compared to lawsuits.
- You are likely to receive the money quicker by settling a claim.
- An insurance company may act in bad faith to delay a claim or avoid paying a claim.
- The insurance company often undervalues damages.
- A settlement may not compensate you for the total value of your damages.
- The insurance company has the final say on whether to pay the claim.
A Hermosa Beach personal injury attorney can help you file a claim and negotiate a fair settlement. Before accepting a settlement offer, it is wise to consult a personal injury lawyer for a free consultation. Your claim could be worth more than the insurance company offers for settlement.
What Is a Personal Injury Lawsuit in Hermosa Beach, CA?
A personal injury lawsuit is a legal action filed in civil court. A lawsuit is filed with the court by a plaintiff (the injured party) seeking compensation for damages caused by the defendant (alleged at-fault party). California’s tort laws provide damages as a legal remedy for a personal injury lawsuit.
Damages include economic damages that compensate the plaintiff for their monetary losses, such as medical bills, property damages, out-of-pocket expenses, and lost wages. It also includes the plaintiff’s pain and suffering damages or non-economic damages.
The difference between a claim and a lawsuit is that a lawsuit can go to trial to be decided by a judge or jury. In personal injury cases, a jury usually decides the case. A judge presides over the case to decide matters of law.
A victim can file a lawsuit against the insurance company for the at-fault party alleging bad faith insurance practices. If the company acted in bad faith in refusing to resolve a claim, it could be liable for additional damages caused by its conduct.
Things to remember about personal injury lawsuits include:
- Neutral third parties decide lawsuits. In the case of a personal injury lawsuit, the jurors are the parties.
- There is no guarantee that you will win a personal injury lawsuit. Jurors have the right to make whatever decision they believe is correct based on the evidence they hear and applicable laws.
- A lawsuit increases the cost of a legal matter.
- It often takes longer to go to trial than it does to settle a claim.
- Court cases increase the legal fees for a personal injury matter.
- You could receive more money by filing a personal injury lawsuit, including the possibility of punitive damages.
Your Hermosa personal injury lawyer will review all relevant factors for a claim vs. lawsuit with you to help you decide whether to accept a settlement or go to court. Even if you file a lawsuit, the lawsuit may settle before the case goes to trial.
How Can a Hermosa Beach Personal Injury Lawyer Help Me With a Claim or Lawsuit?
After an injury or accident, you may be unable to work because you have a long recovery ahead. You might sustain a permanent injury that could impact the rest of your life. Personal injury lawyers even the playing field to help you get the money you need. Insurance companies have limitless resources to fight claims, so it benefits you to have an experienced legal team take up the fight for you.
Attorneys understand damages and how to value damages correctly. If you deal directly with the insurance company, it might undervalue your claim and pay you less than your damages are worth.
Additionally, California’s personal injury and insurance laws are complex. Hiring a personal injury lawyer means you do not need to worry about learning everything necessary to pursue a legal claim.
A California Personal Injury Lawyer Can Help With Your Claim or Lawsuit
You may be entitled to damages if you were injured in an accident or by another party. The best way to learn whether you have a claim and how you can recover money for your damages is to talk with our personal injury attorneys at The Simon Law Group.
Contact us today at (424) 722-3209 to schedule your free case evaluation from an experienced personal injury attorney. We have convenient locations in California, including Redondo Beach, Torrance, Hermosa Beach, and Santa Ana, CA. We also have offices in Phoenix, AZ, and Austin, TX.
Personal injury claim vs. lawsuit in California
| Factor | Personal injury claim | Personal injury lawsuit |
|---|---|---|
| Where it happens | Handled with the insurance company, out of court | Filed in California civil court |
| Who’s involved | You or your lawyer, and the insurer | You, the insurer’s defense lawyers, a judge, sometimes a jury |
| How it starts | A demand letter for payment | Filing a complaint with the court |
| Deadline | The two-year clock is already running (CCP 335.1) | Must be filed within two years of injury (CCP 335.1) |
| Timeline and cost | Usually faster and less expensive | Longer, more formal, higher cost |
| Typical outcome | Most resolve by settlement | Can still settle; otherwise decided at trial |
Frequently asked questions
How long do I have to file a personal injury lawsuit in California?
Two years. That’s the window in most California injury cases, counted from the day you got hurt. The deadline lives in Code of Civil Procedure section 335.1. Blow past it and you usually forfeit the right to sue, period. A few exceptions can nudge the date, but don’t count on them. Act early.
What happens after you file a personal injury lawsuit?
Filing is only the opening move. Then comes discovery, where each side trades evidence and takes depositions. All the while, your lawyer and the insurer usually keep talking settlement. Plenty of cases wrap up before they ever reach a courtroom. But if no fair offer lands, a judge or jury decides it.
Is it better to settle a claim or file a lawsuit?
Depends on the situation. Most injury cases settle as claims, and that’s usually quicker and a lot less stressful. But when an insurer lowballs you or flat-out denies a fair payout, a lawsuit puts real pressure on them. There’s no one-size answer here. A lawyer can walk through the facts and help you choose.
