If you were hurt because of someone else’s carelessness or wrongdoing, you might be able to seek compensation under Georgia law. Navigating the aftermath of an injury can be confusing, especially when it comes to deciding between filing an insurance claim or a lawsuit.
Understanding the difference between these two options is key to understanding your rights and choosing the best path forward after being the victim of medical malpractice or suffering an injury in another context.
What Is an Insurance Claim?
An insurance claim is a request for compensation that you file with an insurance company after an accident or injury. This could be with your own insurer or the at-fault party’s insurance company. The goal is to get a settlement that covers your medical bills, lost wages, property damage, and other expenses related to the accident.
For example, if you were injured in a car accident caused by another driver, you would typically file a claim with their auto insurance company. The insurer will investigate what happened, apportion fault, and perhaps even offer you a settlement to cover your losses.
What Is a Personal Injury Lawsuit?
A personal injury lawsuit is a legal action you file in court against the person or company responsible for your injuries. This usually happens when you can’t reach a fair settlement with the insurance company or if the at-fault party doesn’t have insurance. By filing a lawsuit, you’re asking the court to hold the other party legally responsible and to award you compensation.
In a lawsuit, both sides present evidence and arguments, and a judge or jury decides the outcome. This process can take longer and be more complex than dealing with an insurance claim, but it might result in a higher compensation amount.
Key Differences Between a Claim and a Lawsuit
Understanding the differences can help you decide which option is best for your situation.
- Process: An insurance claim is usually less formal and involves negotiations with the insurance company. A lawsuit involves filing legal documents and following court procedures.
- Time Frame: Claims are often resolved faster, sometimes in a few months. Lawsuits can take much longer, sometimes over a year.
- Costs: Filing an insurance claim doesn’t typically involve upfront costs. Lawsuits may involve court fees and other expenses, but many personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win.
- Compensation: A lawsuit may result in higher compensation, especially if the court awards punitive damages. An insurance claim may be limited by the at-fault party’s policy limits.
An attorney can help you evaluate your options during a free initial consultation.
Proving Negligence in Your Case
Whether you’re filing a claim or a lawsuit, you will likely need to show that the other party was negligent. Negligence means they failed to act with reasonable care, and this failure caused your injuries.
To prove negligence, you must establish four elements:
- Duty of Care: The other party had a legal obligation to act carefully. For example, drivers must follow traffic laws to keep others safe.
- Breach of Duty: They failed to meet this obligation. Maybe they were speeding or ran a red light.
- Causation: Their breach of duty directly caused your injuries.
- Damages: You suffered losses, like medical expenses, lost wages, and pain and suffering.
Gathering evidence such as police reports, medical records, witness statements, and photos can help prove these elements. Medical malpractice cases have similar elements, although medical providers are held to a higher standard of care when conducting their work.
Comparative Negligence in Georgia
Georgia has adopted a “modified comparative negligence” rule. This means you can still recover compensation even if you were partly at fault for the accident, as long as you are not more than 49% responsible.
For example, if you were 20% at fault and your damages totaled $10,000, you could recover $8,000 (which is $10,000 minus 20%). If you’re found to be more than 49% at fault, you cannot recover any compensation.
If you hire a lawyer, they can respond to allegations of shared blame on your behalf.
Contact an Atlanta Medical Malpractice Attorney Today
Understanding the difference between an insurance claim and a personal injury lawsuit (such as one based on medical malpractice) is important when you’ve been injured due to someone else’s negligence. While a claim might be resolved faster, a lawsuit may be necessary to obtain fair compensation, especially if your injuries are serious.
By knowing your rights and seeking legal advice, you can make informed decisions and take the right steps toward recovery. Contact an Atlanta medical malpractice lawyer today at (770) 390-7550 for a free case review.