Is There a Difference Between a Personal Injury Claim and a Personal Injury Lawsuit?

In most cases, seeking just compensation after an accident involves filing a personal injury claim with the at-fault party’s insurance company. But if this isn’t an option—or if the at-fault party’s insurance company refuses to offer a fair settlement—it may be necessary to file a personal injury lawsuit in court. If you’ve been injured in an accident, a Florida personal injury lawyer at Searcy Denney can help you seek just compensation through the appropriate means.

Accident victims in Florida who have suffered serious injuries may be entitled to financial compensation for their injury-related losses. Florida’s personal injury laws provide accident victims with clear legal rights—and individuals and businesses that are responsible for victims’ injuries deserve to be held duly accountable.

The terms “personal injury claim” and “personal injury lawsuit” are often used interchangeably; and, in many respects, they go hand-in-hand. But, there are some fundamental differences; and, as an accident victim, it is important to make sure you know what it takes to seek the compensation you deserve.

What is a Personal Injury Claim?

A personal injury claim is any type of claim for compensation after a serious accident. While filing a personal injury claim can involve filing a lawsuit in court, it can also involve filing a claim with the at-fault party’s insurance company.

In fact, most personal injury claims are handled through the insurance companies, and only a very small percentage of personal injury claims end up going to court. When you hire a Florida personal injury lawyer to represent you, your lawyer will seek an insurance settlement first, and your lawyer will only take your case to court if a fair settlement offer isn’t on the table.

What is a Personal Injury Lawsuit?

If you need to take your case to court, this will involve filing a personal injury lawsuit. Accident victims can sue the insurance companies and the parties that are directly responsible for their injuries when necessary.

Filing a personal injury lawsuit is a complex process that requires strict compliance with the relevant court rules and Florida law. Once you file a lawsuit, the defendant (or defendants) will have a strict deadline to respond; and, as your case moves forward, both sides will have the opportunity to take “discovery.” This involves obtaining additional evidence that may not be available through other means. As your trial date approaches, your Florida personal injury lawyer will prepare to present your case in court; and, if your case goes to verdict, the judge or jury will render a binding decision (subject to appeal).

What Should You Do if You Were Injured in an Accident in Florida?

With all of this in mind, what should you do if you have been injured in an accident in Florida?

First, and most importantly, you should prioritize your medical needs. If you have been seriously injured, seeking treatment promptly (and following your doctor’s advice) could be critical for mitigating the long-term consequences of the accident. Then, once you are stable, your next priority should be to speak with a Florida personal injury lawyer about taking legal action.

An experienced Florida personal injury lawyer will be able to determine how best to proceed under the circumstances at hand. If insurance coverage is available, your lawyer can file an insurance claim on your behalf and work to secure a fair settlement. If filing a personal injury lawsuit is your best option, your lawyer can sue for just compensation in court. In either scenario, you should be prepared to work closely with your lawyer throughout the process and to make informed decisions when necessary.

FAQs: Seeking Just Compensation After an Accident in Florida

Should I file an insurance claim or file a lawsuit in court if I was injured in an accident?

If you were injured in an accident in Florida, the steps you need to take to seek just compensation depend on the specific circumstances of your case. In most circumstances, seeking just compensation will involve filing a claim with the at-fault party’s insurance company. But if this is not a viable option in your case, you may need to file a lawsuit in court.

How long do personal injury claims typically take to settle?

While many personal injury claims settle in a matter of months, some claims can take a year or longer to settle. It is also important to keep in mind that there are no guarantees. Hiring an experienced Florida personal injury lawyer can help maximize your chances of receiving a fair settlement offer as quickly as possible.

If I file a personal injury lawsuit, will I need to go to court?

Filing a personal injury lawsuit does not necessarily mean that you will need to go to court. Even if you need to file a lawsuit, negotiating a fair settlement is still a very real possibility. The vast majority of successful personal injury lawsuits do not go to trial.

How a Florida Personal Injury Lawyer at Searcy Denney Can Help

At Searcy Denney, we are committed to helping accident victims recover just compensation. If you were injured in an accident that was not your fault, our lawyers can help you seek just compensation through all appropriate means. We have extensive experience protecting our clients’ rights both in and out of court, and we focus on recovering maximum compensation in every case we handle.

Whether you have an insurance claim or you need to file a lawsuit in court, you are facing a complicated road ahead. Our lawyers can guide you forward, and we can do everything necessary to effectively seek the full compensation you deserve.

Schedule a Free Consultation with a Florida Personal Injury Lawyer Today

If you have been seriously injured in an accident and would like to speak with an experienced Florida personal injury lawyer, we strongly encourage you to get in touch. Call 800-780-8607 or contact us online to arrange a free consultation today.