Kansas City Personal Injury Claim vs. Lawsuit

We recently received a question that you too might be wondering about - What is the difference between a personal injury claim and a personal injury lawsuit? We will share a general overview of each. 

Personal Injury Claim
Following your injury, you have the right to seek compensation from the party who injured you. A claim is used to notify the at-fault party's insurance of your injury and/or damages. It not only notifies them; it also is a formal request for payment. This step is usually completed prior to lawsuit and, generally involves a negotiation process. At the end of the claim process, you may not have to file a lawsuit and you may have been justly compensated.

Personal Injury Lawsuit
If the claim negotiations are unsuccessful (which usually also includes going through arbitration or mediation) the next step is to file lawsuit. A personal injury lawsuit is a civil legal action filed against those who you believe are responsible for your damages. There are a number of reasons that may prompt the need for a lawsuit to be filed, including:

• a denial of fault,
• doubt about the extent of your injuries,
• the amount of compensation you are seeking exceeds what the insurance company is willing to pay,
• the statute of limitations is nearing, etc...

Will you have to go to court to resolve your matter, if you have to file lawsuit? That depends. Click HERE further information.  

You can file a lawsuit, in most cases, on the first day of your injury. You can wait until many months after your injury claim and/or after the negotiation process has failed. Either way, it's always a good idea to talk to an attorney. Attorney T. Morton is experienced in all stages of the personal injury process. Call us today for your free consultation at 913.602.7288 or complete this FORM.