Claim vs. Lawsuit

 Claim vs. Lawsuit

If another party caused your accident or injury in New York, you may pursue a personal injury claim for economic and non-economic damages. Damages represent the losses and harm you sustain because of another party’s negligence, intentional torts, or other wrongful acts.

Most personal injury cases begin as claims. The claims are resolved through negotiations with the liability insurance company or the at-fault party. Some claims result in personal injury lawsuits. However, a lawsuit could be settled before going to trial. If you have been injured in an accident, it can help to understand the difference between a claim and a lawsuit in New York.

Personal Injury Lawsuits vs. Personal Injury Claims in Buffalo, New York

Personal injury cases arise from many different scenarios, such as traffic accidents, slips & falls, and medical malpractice. Generally, each case begins with a claim and may or may not involve a lawsuit.

What Is a Personal Injury Claim?

A claim is a set of alleged facts that gives a person a cause of action that can be enforced in court. In a personal injury case, the claim alleges that another party is responsible for causing your injuries.

For example, you may allege that a driver ran a red light, failing to yield the right of way. By running the red light, the driver directly and proximately caused the car crash that resulted in your injuries and financial losses.

Typically, you begin by filing an insurance claim with the at-fault party’s liability insurance provider. The insurance company assigns an adjuster to investigate the claim. If the insurance company accepts liability, it may make a settlement offer or reply to your settlement offer. In either case, the settlement is negotiated and resolved without going to court.

The pros of a personal injury claim include:

• Typically, you can settle an insurance claim quicker than a lawsuit goes to trial.
• You are more likely to receive compensation for your damages by settling a claim.
• The costs of pursuing a claim are generally lower than the costs of a lawsuit.

The cons are:

• The insurance company may undervalue your damages to avoid paying the total value of your claim.
• The company may deny your claim.
• The insurance company may act in bad faith while investigating your claim and negotiating a settlement.

If you cannot settle the claim, your attorney may advise you to proceed with a lawsuit against the parties who caused your injuries.

Chris O’Brien

Chris O’Brien is a nationally recognized personal injury attorney with over 30 years of experience fighting for accident victims in Western New York. A founding partner at O’Brien & Ford, he has helped recover millions for clients and built a reputation as a top trial lawyer and educator. Chris is a Diplomate of the National College of Advocacy, a member of the Million Dollar Advocates Forum, and was named one of Western New York’s Top Ten Lawyers by Buffalo Business First. He lives in Amherst with his family and their Bernedoodle, Moose.

Years of experience: 33 years
Practice areas: Personal Injury Law, Car Accidents
Location: Buffalo, New York

What Is a Personal Injury Lawsuit?

A personal injury lawsuit is filed in civil court. It is legal action alleging that a party caused your injuries and damages. The injured party files the lawsuit as the plaintiff. The parties alleged to have injured the plaintiff are the defendants.

Even though you sue the party who caused your injuries, their liability insurance company usually hires a defense lawyer to respond to and defend the lawsuit. The lawsuit proceeds through several phases before trial, including discovery and pre-trial motions. In some instances, the parties resolve the lawsuit without going to trial through mediation or settlement negotiations.

The pros of filing a personal injury lawsuit include:

• Filing a lawsuit puts the other parties on notice that you are serious about pursuing your claim.
• You may receive more money for a lawsuit judgment.

The cons are:

• There is no guarantee that you will win the case.
• Lawsuits can be expensive and time-consuming to pursue.
• Neutral parties (i.e., jurors) determine the outcome of the claim, and you never know how jurors may decide a case.

Attorneys work to settle personal injury cases as efficiently as possible for the maximum value of the damages. Before filing a personal injury lawsuit or accepting a settlement offer for a claim, talk with an experienced Buffalo personal injury lawyer about your legal options. You want to ensure the insurance company offers you a fair settlement for your injury claim.

What Is the Deadline to File a Personal Injury Lawsuit in New York?

The statute of limitations for many personal injury lawsuits in New York is three years from the injury date. However, there are exceptions. For example, the deadline to file medical malpractice claims is usually two years and six months after the date of the malpractice or the end of continuous treatment for the condition that is the subject of your lawsuit.

The time to file a lawsuit against a government entity is just one year and 90 days after the injury. However, you must file a notice of claim within 90 days to protect your rights.

Because the facts of your case and other exceptions could change how long you have to file a personal injury lawsuit, it is in your best interest to speak with a lawyer as soon as possible.

Get Help With a Personal Injury Claim or Lawsuit in New York

If you have questions about a personal injury case, contact a Buffalo personal injury attorney at O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers to schedule a free consultation today at (716) 222-2222.