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Jason R. Schultz P.C

Q:
What Is the Difference Between a Personal Injury Lawsuit and a Claim?

A:

What Is a Personal Injury Claim?

You file a personal injury claim with an insurance company. For example, after a car accident, you can file a claim with your insurance company (if you have first-party coverage) or with the insurance company of the driver who caused the accident.

Once you contact the insurance company, it will assign an adjuster to your claim. The adjuster will investigate the accident, including your damages such as medical bills and lost wages. If you file a liability claim (alleging another party caused you harm), the adjuster will evaluate fault. 

The adjuster will either deny your claim or decide that your claim has merit. If they do not deny your claim, the adjuster will then calculate how much the insurance company will pay you for your injuries. If the insurer denies the claim, many people decide to file a lawsuit to recover compensation.

What Is a Personal Injury Lawsuit?

A personal injury lawsuit is an action filed with the court. Once you file the lawsuit, the case makes its way through the court system. The end of the process is trial, but most lawsuits settle prior to getting to trial.

It is sometimes necessary to file a lawsuit so you do not run out of time to take legal action. In Georgia, the statute of limitations is two years for personal injury cases. If you do not file a lawsuit within this period, you can no longer file a lawsuit.

Should You Hire a Lawyer for Your Personal Injury Claim?

We recommend working with a lawyer if you suffered serious injuries that another party caused. During your insurance claim, a lawyer will protect you from lowball offers and other tactics insurance companies use to minimize the value of your claim. Your lawyer will deal with the insurance company so that you do not have to.

Should You Hire a Lawyer for Your Personal Injury Lawsuit?

Insurance companies keep teams of lawyers on retainer to defend their cases in the court system. So, we recommend working with a lawyer especially if the insurance company is not offering a fair settlement, in which case your lawyer can help you pursue a lawsuit.

What Damages Can You Recover in a Personal Injury Claim or Lawsuit?

Depending on the facts of your case, your recovery can include your medical bills, lost wages, disability, disfigurement, loss of earning potential, property damage, pain and suffering, and emotional distress. The Law Office of Jason R. Schultz, PC will obtain relevant records and documents to build and prove your case and its value.

If you suffered a severe injury from an accident that another party caused, the team at the Law Office of Jason R. Schultz, PC is ready to help you. Call us today at 404-474-0804, to set up your free consultation.

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