After a car accident that’s left you injured or with extensive property damage, you may feel overwhelmed with the task of seeking an insurance settlement or filing a personal injury claim.
Jan. 18, 2023
Making an Insurance Claim vs. Filing a Lawsuit
If you or someone you love has been injured due to the negligence of another, filing a claim or lawsuit may be your best option for recovering damages. But what’s the difference between a personal injury claim and a lawsuit?
If you are unsure whether you should file a personal injury claim or pursue a lawsuit against the negligent party, contact Hawaii's personal injury attorney, Daniel T Pagliarini AAL for personalized guidance. With Dan's experienced assistance, you can feel confident that you will obtain fair compensation for any harm caused by another party’s negligence. Dan Pagliarini's office is located in downtown Honolulu, Hawaii, and he and his team serve injured victims throughout the Hawaiian Islands, including Lanai, Maui, Kauai, Big Island, and Molokai.
Difference Between Insurance Claim and Lawsuit
The terms “claim” and “lawsuit” are often used interchangeably, but they are two distinct legal processes. A personal injury claim is a formal request for compensation that is made directly to the other party (or their insurance company) after an injury occurs. A lawsuit is filed in court when one party believes that they have been wrongfully injured and seeks compensation from another party. One proceeds with a personal injury lawsuit when they or their attorney is unable to achieve a reasonable settlement of their bodily injury claim. Lawsuits can be costly and time-consuming, and that is why you should maximize your chance of obtaining a reasonable bodily injury settlement by having experienced legal counsel represent your interests early on, instead of trying to DYI, "do it yourself."
The Pros and Cons of Filing an Insurance Claim
Some advantages of your attorney filing your personal injury claim include:
You will likely receive compensation faster than if you file a lawsuit, as it can take years before your case is heard in court.
The process is usually less expensive than filing a lawsuit since there are fewer court costs associated with claims.
Filing a claim allows your attorney to negotiate directly with the other party’s insurance company, which can often result in better outcomes than going through the court system. Once a lawsuit is filed, insurance adjustors no longer deal with your lawyer. Instead, defense counsel who are paid by the hour, deal directly with your attorney and your attorney no longer communicates with the assigned adjustor.
There are also some downsides to filing a personal injury claim that should be considered:
Insurance companies often try to settle claims quickly and for much less than what they are worth. This means that victims may not receive full compensation for their injuries or losses.
Claims processes are often long and complicated, making it difficult for victims to navigate on their own without experienced legal representation.
Insurance companies may deny claims entirely or offer settlements that do not adequately cover all losses incurred as a result of the accident or incident in question.
However, these are not the only pros and cons associated with filing a personal injury claim.
The Pros and Cons of Filing a Lawsuit
If your case does not involve any insurance companies or a settlement cannot be reached through an insurance claim, you may need to consider filing a lawsuit instead of submitting a personal injury claim.
The primary benefit of filing a lawsuit is that it gives victims more control over their cases. Instead of relying on the decisions made by an insurance company, plaintiffs can present evidence and arguments directly to the court (with assistance from their attorney).
Additionally, suing MAY provide plaintiffs with greater potential financial awards than they would get from settling outside of court—though this comes at the cost of increased time spent on litigation, and perhaps significant litigation costs. Moreover, lawsuits can be lengthy and complicated processes requiring extensive preparation from both parties.
Hawaii's Personal Injury Attorney, Daniel T Pagliarini AAL, Can Help
When it comes to personal injury cases, having an experienced attorney on your side can make all the difference in obtaining the maximum compensation for your injuries.
A knowledgeable and results-driven attorney, Daniel T Pagliarini can assess your case thoroughly and advise you on the best course of action—whether it be filing a claim or filing a lawsuit—in order to obtain the highest amount of compensation available for your injuries.
Mr. Pagliarini also understands the intricacies of personal injury law, such as statutes of limitations or comparative fault laws, which can heavily influence whether you are successful in recovering damages from another party. Dan can guide you through the process and provide you with the peace of mind you need, allowing you to focus on your physical recovery.
Deciding whether to pursue a personal injury claim or file a lawsuit should not be taken lightly, as both options have their own set of risks and rewards associated with them. Seek a free legal consultation from Daniel Pagliarini, an experienced personal injury attorney, to ensure your rights are protected throughout this complicated process. Contact our office in Honolulu, Hawaii, to obtain a no obligation, free consultation about your case.
If you have been struck by a car while walking, there are a few important steps you should take to ensure that you receive the compensation to which you are entitled. Our pedestrian accident attorney at Daniel T Pagliarini AAL provides trusted legal guidance and skilled representation to individuals who were struck by a car in Honolulu or any of the islands, including Lanai, Maui, Kauai, Molokai, and the Big Island.
If you’ve recently been involved in a car accident, chances are your first thoughts aren’t about how to win a lawsuit. However, a personal injury claim may be necessary if you’ve been injured or your vehicle has been damaged.