What Is the Difference Between a Personal Injury Claim and a Lawsuit?


Essentially, one is more complex, more expense, and long-lasting than the other. It might not be your first option, but in some cases, it’s the only one. Want to guess which one we’re referring to?

But one thing’s for sure, regardless of which route you decide to take, you’re wanting compensation for the injury you, or a loved one, has incurred. But which option do you go for?

Personally Injury Claims First

You might think of a personal injury claim as the simpler, cheaper, and less fussy option of the two. It’s also usually the first step you take.

With personal injury claims, a.k.a. personal injury insurance claims, your insurance company deals with the negligent party’s insurance company. The insurance companies provide compensation.

Of course, this process also takes a fair amount of time given that the insurance company, upon assigning your claim to an insurance adjuster, also has to establish the severity of the injury, the amount of damage caused, who was at fault, and so on. Their job is to establish whether or not the insured party was really at fault and, if so, what their insurance covers and what costs need to be covered (e.g. medicals bills, compensation for workdays lost, pain and suffering, etc.). 

When this part is over, negotiations begin. You will be offered a settlement. You can decide to accept it, in which case you’ll receive compensation and be done with the whole mess. If you decide the opposite because you feel the amount is insufficient or for any other reason, then…

If You Can’t Settle, File a Personal Injury Lawsuit

Only around 5% of personal injury claims in the UK end up being settled in court.

This statistic might take a load off you. But what if you’re unable to reach a settlement and have no other option but filing a personal injury lawsuit?

As the name entails, with personal injury lawsuits, you’re way past insurance companies. You’re settling things through solicitors and before judges. This also means substantial legal fees, which is why it’s important to weigh the settlement amount you’re offered against the possible fees you’ll come across down the road with a lawsuit.

When doing so, you might want to consider attorney’s fees, filing fees, court reporter fees, expert fees, the time you’ll need off work, etc. This makes it all the more important to find a legal firm you can trust and that will address any concerns you might have. They should be straightforward about the costs you can expect, and especially their own fees.

This is why we recommend Optimal Solicitors for all of you living in the UK. They have extensive experience with all kinds of personal injury claims (serious injuries, road traffic accident claims, motorcycle accident claims, bicycle accident claims, etc.), have a transparent relationship with clients, and work on a “no win, no fee” basis, meaning you only get charged if they win your case.

Now that you know the difference between a personal injury claim and a lawsuit, you can feel more confident about making the right decision for you, perhaps with the help of a trusted solicitor.

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