What Is the Difference Between a Claim and a Lawsuit?


Most individuals pursing legal action after suffering a personal injury are doing so for the first time in their lives and may not be familiar with the jargon surrounding it. Quite often, the terms personal injury claim and personal injury lawsuit are used as if they are the same, but they are not, and the explanation of their difference also clarifies much of what you could expect in a legal proceeding regarding personal injury.

Personal injury is different than a deliberate assault or attempt to hurt someone. The latter is criminal in nature while the former is usually the result of an accident – an injury that was caused not by malice but by negligence or recklessness. The main concern is proving that your injury could have been avoided.

Once you’ve contacted an attorney and you have come to the same conclusion that you have a case, one of the first steps will be filing a personal injury claim. This is a legal motion against the individual and often their insurance provider claiming that you are owed financial compensation. The result of a personal injury claim is a settlement, a dollar figure found outside of a court of law.

If the settlement offered by the responsible party and / or their insurance company is not desirable for the victim, the next step is to take the case to court in what will be a personal injury lawsuit. This is where a judge will preside over the defendant and the plaintiff (you) as well as a jury of your peers. The result of a personal injury lawsuit will be a verdict decided upon by the jury.

The Jersey City personal injury attorneys know that insurance companies often avoid trials because they can affect their image and cost them even more money than a settlement. This is why we prepare as if every case is going to trial, often forcing the hand of the insurance companies to offer a favorable settlement for our clients.

For answers to particular questions pertaining to your personal injury, call our offices today at (201) 216-0800 and schedule a consultation with 50 years of collective experience on your side.