If you’ve been hurt in an accident in California—whether it was a car crash, slip and fall, or other injury—you may be wondering what steps to take to recover money for your losses. Two common legal paths you might hear about are filing a claim and filing a lawsuit.
While these words are often used interchangeably, they have distinct meanings. Understanding the difference between a claim and a lawsuit can help you make smart decisions and avoid delays in getting the compensation you deserve.
What Is a Personal Injury Claim?
A personal injury claim is the first step in most injury cases. It is not filed in court; instead, it’s a request for compensation made to the at-fault party’s insurance company. For example, if you were in a car accident caused by another driver, your attorney might file a claim with that driver’s auto insurance company.
In a claim, you or your lawyer provides evidence like medical records, accident reports, photos, and witness statements to prove the other party was at fault and to show the extent of your injuries and financial losses.
The insurance company will then review your claim and may offer you a settlement. This is money meant to cover your medical bills, lost wages, pain and suffering, and other damages. Most personal injury cases in California are settled at this stage, before going to court.
A claim is usually faster and less expensive than a lawsuit. But insurance companies don’t always offer fair settlements. If they refuse to pay what you deserve, a lawsuit may be your next step.
What Is a Personal Injury Lawsuit?
A personal injury lawsuit is a legal action that is filed in court when a claim cannot be settled fairly. This is a formal process where one party (the plaintiff, or you) sues the other party (the defendant, or the person or company at fault). Your attorney will file a complaint in civil court that outlines the facts of the case, how the defendant was negligent, and what damages you are seeking.
Once a lawsuit is filed, both sides undergo a process called discovery, during which they exchange evidence, documents, and take depositions. This part of the process can take several months or longer, depending on the case’s complexity.
If the case doesn’t settle during the lawsuit process, it will go to trial, where a judge or jury decides who was at fault and how much money should be awarded.
A lawsuit takes more time, money, and preparation than a claim, but it may be the only way to get the full amount of compensation you deserve when the insurance company won’t negotiate fairly.
Key Differences Between a Claim and a Lawsuit
Although both claims and lawsuits are part of personal injury law, they have several significant differences. A claim is informal and handled outside of court, usually through the insurance company. It’s meant to settle things quickly and quietly. A lawsuit, on the other hand, is a legal process that involves the courts, rules of evidence, deadlines, and possibly a trial.
Also, filing a claim doesn’t stop the statute of limitations (the legal deadline to sue) from running. In California, you generally have two years from the date of your injury to file a personal injury lawsuit. If you only file a claim and don’t file a lawsuit before that deadline, you could lose your right to compensation forever.
In short, a claim is like asking for help, while a lawsuit is like demanding justice through the legal system.
When Should You File a Claim or Lawsuit?
Most cases begin with a claim, but you may need to file a lawsuit if:
- The insurance company denies your claim.
- They offer much less than your case is worth.
- The at-fault party has no insurance or not enough coverage.
- The deadline to file a lawsuit is approaching.
Sometimes just filing a lawsuit shows the other side that you’re serious. This can pressure the insurance company to offer a better settlement, even before the case goes to trial. Choosing the right path depends on the details of your case. An experienced personal injury attorney can help you decide whether to keep negotiating or take your case to court.
Contact Our Santa Ana Personal Injury Lawyers at Robles Babaee Personal Injury Lawyers for a Free Consultation
Understanding the distinction between a personal injury claim and a lawsuit is crucial after an accident. A claim is often the first step and may lead to a quick and fair settlement. However, if the insurance company refuses to cooperate or offers insufficient compensation, filing a lawsuit may be necessary.
In either case, it’s smart to talk to a Santa Ana personal injury lawyer early on. They can explain your options, protect your rights, and help you choose the best strategy for your case. The sooner you act, the better your chances of getting the compensation you deserve. Call Robles Babaee Personal Injury Lawyers today at (714) 263-3700 to set up a free consultation.
