The Difference Between Filing an Insurance Claim and a Personal Injury Claim
When a personal injury occurs, whether from a car accident, a slip and fall, or another incident, victims often face the challenge of seeking compensation for their medical expenses, lost wages, and other damages. Two primary avenues for pursuing compensation are through an insurance claim or a personal injury claim.
If you plan to file a personal injury claim, contact our Paducah personal injury attorneys at Bryant Law Center to seek legal support. Call us at (270) 908-0995 for a free consultation today.
What is an Insurance Claim?
An insurance claim is a request made to an insurance company for compensation for damages or losses covered under an insurance policy. After a personal injury, individuals typically file claims with one or more of the following types of insurance:
- Auto Insurance: For injuries resulting from car accidents.
- Homeowner’s or Property Insurance: For injuries occurring on someone’s property.
- Health Insurance: For medical expenses related to the injury.
How Insurance Claims Work
The injured party notifies the relevant insurance company about the incident. The insurer then assigns an adjuster to investigate the claim and assess damages. The insurance adjuster determines the amount of compensation based on the policy’s terms, limits, and the evidence provided. A settlement is offered to the injured party, who can either accept or negotiate for a higher amount.
What is a Personal Injury Claim?
A personal injury claim is a legal action taken by the injured party (plaintiff) against the person or entity whose negligence or wrongful actions caused the injury. Unlike insurance claims, personal injury claims seek both economic and non-economic damages.
However, if you have lost a loved one, contact our Paducah wrongful death attorneys at Bryant Law Center to discuss your legal options today.
Types of Damages in Personal Injury Claims
- Economic Damages: Medical bills, lost wages, property damage, and other out-of-pocket expenses.
- Non-Economic Damages: Pain and suffering, emotional distress, loss of enjoyment of life, and other intangible losses.
- Punitive Damages: In some cases, courts may award punitive damages to punish the defendant for gross negligence or intentional harm.
How Personal Injury Claims Work
The injured party (plaintiff) consults with a Paducah personal injury attorney to evaluate the case. A legal complaint is filed against the at-fault party (defendant), initiating the lawsuit process. The defendant (or their insurance company) may negotiate a settlement.
If a settlement cannot be reached, the case proceeds to court for a judge or jury to decide the outcome.
Benefits and Limitations of Filing an Insurance Claim
Benefits
- Faster Resolution: Insurance claims are typically resolved more quickly than personal injury lawsuits.
- Lower Costs: They involve fewer legal fees since lawyers are not always necessary.
- Guaranteed Compensation: If the claim is approved, the policy guarantees payment up to the coverage limits.
Limitations
- Coverage Limits: Compensation is limited to the maximum amount specified in the insurance policy.
- No Pain and Suffering Damages: Insurance claims usually do not cover non-economic damages like pain and suffering or emotional distress.
Benefits and Limitations of Filing a Personal Injury Claim in Paducah, KY
Benefits
- Higher Compensation Potential: Personal injury claims can result in significantly higher compensation than insurance claims, especially for non-economic damages.
- Legal Leverage: The threat of litigation can encourage insurance companies to offer more substantial settlements.
Limitations
- Time and Complexity: These claims are often more complex and take longer to resolve compared to insurance claims.
- Legal Costs: They typically require legal representation, which involves attorney fees and other legal expenses.
Which Option is Right for You?
Deciding between filing an insurance claim and pursuing a personal injury claim depends on the specifics of the accident and the severity of the injury. If the damages are minor and within the policy’s coverage limits, an insurance claim is often the fastest and simplest option. However, if the injury is severe, involves long-term consequences, or results in significant pain and suffering, a personal injury claim might be more appropriate to secure fair compensation.
Contact Bryant Law Center to file a personal injury claim. Call us at (270) 908-0995 for a free consultation today.