Whenever you’re injured or get hurt by someone, which for example, may be a car accident, medical error, etc. The first step to getting the deserved compensation is to choose between negotiating a claim and filing a lawsuit. The choice of which depends on a number of things.

There are distinct differences between a negotiating a claim and filing a lawsuit. Before making a choice you need to understand the two, so as to know which one applies best to your situation. You can be more enlightened on this by consulting personal injury lawyers near you.

To determine whether to negotiate a claim or file a lawsuit on an injury suffered depends on a number of factors. The choice of claim sometimes depends on the seriousness of the injury, the insurance package and so on.

Differences between negotiating a claim and filing a lawsuit

A claim is often the first choice for demanding compensation after an accident. It is usually between the victim and the insurance company. For example, in the case of a car accident, you are to state your claim with the insurance company of the at-fault driver.

The essence of the claim is to inform the insurance company that an accident has occurred and that the at-fault person is their client. You’re submitting a claim to request for compensation for the injury or damage done to your property.

Negotiating a claim is a process that involves a series of discussions. The discussion is generally between you or your legal representative (as the case may be) and adjuster of the insurance company.

You can negotiate a claim by yourself without the help of any legal practitioner. But in some cases where you suffer injury due to workplace hazards, medical error, or similar cases, you’ll need a lawyer to lay claim to good compensation.

Most of the times, a claim is usually settled when the agreed compensation payment is satisfactory to the two parties.

On the other hand, personal injury lawsuit comes into play only after negotiations had broken down or there’s no headway.  The breakdown is as a result of the failure of the two parties to reach a compromise.

The insurance company may not agree to the severity of the injuries or the amount demanded for compensation. And sometimes, they may deny the assertion that their client is at fault.

If you find yourself in such a situation, the next and ideal step is to file a lawsuit. And, of course, you’ll need an attorney to present your case in court.

If you’ve suffered an injury and you want to get the compensation for the damage done. Filing a lawsuit will be the ideal thing to do. Lawsuits are often filed for serious accident related injuries. Serious injuries are those that may result in temporary or permanent disability or those that may lead to serious financial implications.

Examples of injuries that require filing a lawsuit

Truly, you’re permitted to file a lawsuit for any injury you suffered due to someone’s negligence. But lawsuit should be filed for serious matters. It won’t necessarily be ideal to file a lawsuit for some scratches – in this case a claim will do. Following are examples of serious injuries that require filing a lawsuit.

  • Head injury
  • Brain injury
  • Spinal cord/ Vertebrae injury
  • Eye injury
  • Amputation
  • Burn injury
  • Birth injury, or
  • Wrongful death

Note that the above listed injuries will require huge financial implications. And to lay claim to the desired compensation, you’ll need to file a lawsuit.

The choice of either to negotiate a claim or to file a lawsuit depends on the circumstances surrounding the case. A lawsuit is usually filed for serious cases and injuries. It also serves as a secondary option after negotiating a claim has failed.