If you or a loved one are injured due to the negligence or careless actions of another person, you need to understand how to recover compensation for your damages. Understanding this means discussing two options:
Today, we want to discuss the difference between these two so you have a better understanding of your case and options. You should always speak with a qualified Georgia personal injury lawyer before moving forward with a case.
The first step in many personal injury cases is a personal injury claim made against the negligent party’s insurance. This is a formal request in which you (or your insurance company) ask them to compensate you for the injuries and losses you have suffered due to the incident.
When a claim is made, the insurance company will assign an adjuster to determine several factors:
This is where it is important to understand that an attorney can be beneficial during a personal injury claim process. They will handle all of the communications and negotiations related to the case.
If you and your attorney determine that the settlement offered during a claim is too low, or if a claim is denied, it may be necessary to file a personal injury lawsuit. In this case, the lawsuit will be filed directly against the at-fault party, though their insurance company’s attorney will be the one representing them in the matter. A personal injury lawsuit will either be settled before it goes to court through negotiations with the legal teams or it will go to a trial by jury.
At a trial, both sides will argue their case to a jury. The jury will be the ones to make a determination as to whether the at-fault party caused the injury. They will also be the ones to decide on the final amount to be awarded in damages.
When you have been injured due to the negligence or carelessness of another person, you could be entitled to various types of compensation. This can include both economic damages that are easily calculable as well as intangible things that are not as easy to calculate.
Personal injury claims and lawsuits arise in various ways. Some of the most common cases we see include:
Please note that the statute of limitations for most personal injury claims is two years from the date the incident occurs or from the time the injury is discovered, though this varies depending on what type of injury occurred.