What is the Difference Between a Claim and a Lawsuit in a Personal Injury Case?
After an accident, cases come in many forms and having a skilled law firm can make it easier to feel confident and calm about your lawsuit. Lawyers understand how trying an injury can be, and dealing with legal proceedings can add a lot of confusion and come with many questions. Understanding how the law works and what might happen after an auto collision can help you feel more prepared to begin a case.
What is a Personal Injury Claim?
When you have been in an accident and have been injured, you can file a claim with the at-fault party’s insurance provider. Insurance companies may make offers to help settle this claim. A settlement means that in exchange for financial compensation, you release at-fault parties from liability. Thus, once you have settled your case, you cannot pursue further legal action in the future or get more money for the personal injury accident.
The offer that the insurance companies give is negotiable, and typically, their first offer is not their highest offer. An attorney helps clients navigate their personal injury claims and demands the best terms. These settlements do not happen in a courtroom, but they are legally binding. If you cannot reach agreeable terms during this process, you may need to file a personal injury lawsuit.
What is a Lawsuit?
A lawyer can help you with a personal injury lawsuit. A lawsuit is a civil legal proceeding, which means that, although the case goes to court, there are no criminal penalties involved. In these cases, a lawyer helps a client prove that the defendant had a duty of care for the plaintiff and the breach of that duty of care caused injury to the plaintiff. Lawsuits can be risky because the fate of your case is up to a judge or jury.
A Santa Ana personal injury attorney can help you better understand if a lawsuit is appropriate for your needs and your case.
What to Do When Insurance Companies Reach Out?
ou have to be careful when insurance adjusters start to investigate your case. These adjusters want to pay you as little as possible, and they will not have your needs in mind as they do their jobs. They want to reduce liability so that they don’t have to pay you as much. Do not talk to adjusters without first contacting a lawyer. You may make a casual statement that the insurance company can use against me. Calls with adjusters are commonly recorded, so be careful what you say.
How Does a Personal Injury Case Progress?
Filing a personal injury case means having to deal with insurance companies, individuals, and other lawyers. When you think you have a personal injury case, a lot of work goes on behind the scenes, and the nature of this work often depends on the type of legal help you need.
Much of the work is focused on building a case and piecing together what happened. Lawyers will go through the evidence and seek evidence so that they can highlight how the defendant has caused the damages that the plaintiff reports. In some cases, this process is more cut and dry than others, but no matter how simple or complex, a lawyer understands what information is most important and how to use it wisely in their case. This information helps a lawyer show that damages have been caused by negligence. .
Another major chunk of a lawyer’s job is communicating with other parties involved to try to settle the case. Despite what you might think, not all personal injury cases will make it to trial. In fact, only 5% of all personal injury cases go to trial. Thus, lawyers tend to favor settlements over lawsuits because settlements typically cost less and are resolved more quickly. To get these settlements, your law firm must negotiate the terms that are best for you and push against the other parties who want to fight for their own best interests. .
Throughout the process, a lawyer keeps clients updated. When you hire a lawyer, they can help you understand your options and the more specific details of settlement procedures. While your lawyer guides you and gives you advice, you are ultimately in charge of your legal decisions.
Our Santa Ana Personal Injury Law Firm Wants to Help
You’ve got enough going on, and it takes a lot of energy and time to fight a legal case. Riverview Accident Lawyers can offer you a dedicated personal injury attorney in Santa Ana. That’s where we come in. We help you get compensation through our years of experience and continued determination to learn from our clients and experiences in the Santa Ana legal system. .
Contact us for a free consultation. We can determine if you’re a good fit for our firm and if our firm is a good fit for your needs. You can also ask any additional questions that you may have. We hope to talk to you soon.