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Porter Ramsay Blog

Differences between personal injury claims and lawsuits

An individual who is hurt due to the carelessness of another has options when it comes to possible compensation. It is good, however, for British Columbia residents to understand the differences between a personal injury claim and a personal injury lawsuit. The law in Canada says an individual can claim monetary compensation for a personal injury in two ways: file a claim to negotiate a settlement or file a lawsuit. Family members also have the option of seeking compensation if a loved one dies as a result of an injury that was not his or her fault.

The obvious difference between a claim and a lawsuit is that with a lawsuit, the presumed at-fault party is being sued through the person’s insurance company for compensation, while a claim is filed with the insurance company to negotiate a settlement. In this case, the at-fault person is not directly involved and is represented by the insurance company. Also, anyone injured in an incident through no fault of his or her own will always be involved in a personal injury claim, but that won’t always lead to a lawsuit.

The deciding factor in whether to file a claim or a lawsuit mostly depends upon the severity of injuries suffered and the particulars of the incident. A lawyer can help a client to make that distinction. It is important for an individual to have some basic understanding of each process.

A British Columbia lawyer experienced in personal injury law can more readily explain the differences between claims and lawsuits when it comes to personal injuries. Someone who has been hurt has options, including the right to speak with a lawyer about monetary compensation for things like pain and suffering, loss of income and increased medical bills. Having a lawyer on one’s side may allow an injured person to have peace of mind and heal more quickly.