The Differences Between Filing a Personal Injury Claim and a Lawsuit in Pennsylvania

After an injury accident, the legal means that one can use to obtain financial compensation is to file a claim for compensation. Often used interchangeably, the terms claim, and lawsuit is usually used to describe taking legal action. While the goal of a claim and a lawsuit are the same, that is, to obtain financial compensation for damages, a personal injury claim and a personal injury lawsuit are two different things. 

If a negligent party in Pennsylvania injured you and you want to know more about your rights and ability to obtain compensation, a Philadelphia personal injury attorney at Edelstein Martin & Nelson, LLP, can help. The legal team at Edelstein Martin & Nelson, LLP, is known for providing aggressive representation of the highest quality. When it comes to positioning yourself to get the most compensation possible from your claim, an attorney at Edelstein Martin & Nelson, LLP can help you accomplish your goals.

Understanding the Difference Between a Personal Injury Lawsuit and a Claim

Either a personal injury claim or a personal injury lawsuit can have the same outcome, and that would be to obtain full and fair financial compensation for losses. Though, the method for coming to that end is different depending on if compensation comes via a lawsuit or a claim.

Personal Injury Claim

When a personal injury claim is filed, it is essentially a demand for a specific amount of money. Claims are filed by a person who was injured after an accident against the party they believe caused their accident and their injuries. Even though the claim is filed against a liable party, the process usually results in that party’s insurance company doing the negotiations and ultimately paying if the injured victim is successful. This is why it is said that personal injury claims are “filed.” An administrative process begins against an insurance company. Claim negotiations happen outside of the court. Because of this, negotiations and all details of a settlement can be kept confidential.

Personal Injury Lawsuit

Personal injury lawsuits take place in court. They are formal proceedings where a court will make a determination on the validity of a claim and its worth. A plaintiff, or the person who files the claim against the defendant, will have the fate of their suit rest on the court’s decision. As a public proceeding, everything that happens during litigation will be made available to the public and cannot be kept private.

After an injury accident, usually, filing a claim is the first step. Negotiations can result in a settlement, or when negotiations are not fruitful, mediation is a voluntary process that could help things move along. Mediation is a way to come to an agreement via a third-party neutral mediator who facilitates a more productive back and forth. 

Arbitration is another type of alternative dispute resolution measure. Here, a private judge can be hired to resolve the claim.

If all avenues still do not lead to a settlement agreement, then a lawsuit can be filed. In this situation, a claim will turn into a lawsuit and be decided in court.

Speak to an Attorney at Edelstein Martin & Nelson, LLP Today

The personal injury claims process can be complex, and it is never a guarantee that a settlement can be reached. Having an attorney that can work through each step and be prepared should litigation be necessary is essential. 

Please call Edelstein Martin & Nelson, LLP, today at  (215) 731-9900 if you would like to schedule a free consultation to discuss your case.