Filing a Personal Injury Claim vs. Filing a Personal Injury Lawsuit in Georgia: What’s the Difference?

If you’ve been injured in an accident in Georgia, you may be wondering what your options are for seeking compensation. Two common ways to seek compensation for damages in a personal injury case are by filing a personal injury claim or filing a personal injury lawsuit. In this blog post, we’ll explain the key differences between these two approaches to help you make an informed decision about how to proceed.

What is a Personal Injury Claim?

A personal injury claim is a request made to an insurance company or at-fault party’s representative for compensation for losses and expenses arising from an injury suffered in an accident. The goal of a claim is to reach a settlement agreement with the responsible party that fairly compensates the injured person for their damages.

The process of filing a personal injury claim usually begins by sending a demand letter to the at-fault party or their insurance company. This letter outlines the injuries that the victim sustained, the medical expenses they incurred, and any other relevant details about the situation. The demand letter will also include a proposed amount of compensation that the plaintiff is seeking for their damages.

If the at-fault party accepts the demand, a settlement agreement can be reached, and the matter will be resolved without going to court. If the demand is rejected, the parties may attempt to negotiate a settlement through their attorneys or proceed to file a lawsuit.

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What is a Personal Injury Lawsuit?

A personal injury lawsuit is a formal legal action filed in court to seek compensation for damages caused by another person’s negligence or intentional acts. A lawsuit begins with the filing of a complaint by the plaintiff alleging that the defendant caused their injuries and seeking compensation for those damages.

In a personal injury lawsuit, the plaintiff must prove that the defendant was negligent or committed an intentional act that resulted in their injuries and that the amount of damages claimed is reasonable and directly related to the injuries they suffered.

Filing a lawsuit can be a lengthy and complex process that involves filing pleadings, exchanging information, taking depositions, and going to trial. In some cases, the parties may agree to a settlement before the case goes to trial.

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Which Option is Right for You?

Whether you should file a personal injury claim or lawsuit depends on your specific circumstances. If your injuries are relatively minor, and the responsible party is cooperating with your demands, a personal injury claim may be a sufficient way to seek compensation. If you have suffered more severe injuries or the defendant is disputing liability, filing a lawsuit may be necessary to get the compensation you deserve.

Consulting with an experienced personal injury attorney can help you make the right decision. A competent attorney will analyze your situation and give you the best advice on how to proceed.

At Cohen & Sinowski, P.C., we are dedicated to helping our clients get the compensation they deserve for their injuries. If you have been injured in an accident, contact us today to schedule a free consultation. Our team of empathetic and professional attorneys will guide you through the legal process and work to achieve the best possible outcome for your case.