After an accident, you may wonder what the difference is between filing a personal injury claim and filing a lawsuit. These terms are often used in the same conversation, but they are not the same thing.
Understanding how claims and lawsuits work can help you make smart choices after a car crash, slip and fall, or other injury in Florida. In many cases, you may start with a claim and move to a lawsuit later, depending on how the insurance company responds.
What Is a Personal Injury Claim?
A claim is usually the first step toward getting compensation after an accident. It is filed with an insurance company, not in court.
Most personal injury claims involve:
- Negotiating directly with the at-fault party’s insurance company
- Gathering medical records, photos, witness statements, and other evidence
- Submitting a demand for payment
- Reviewing and negotiating settlement offers
You can file a claim with your own insurer (in a no-fault state like Florida) or with the other party’s insurer if they caused the accident. Most claims settle without needing to go to court.
What Is a Personal Injury Lawsuit?
A lawsuit is a formal legal case filed in civil court. This happens when the insurance company won’t offer a fair settlement or denies liability altogether.
Filing a lawsuit means you will:
- Draft and file a complaint in court
- Serve the defendant with notice
- Go through a legal process called discovery
- Possibly attend depositions or mediation
- Prepare for trial, if needed
The lawsuit may settle before trial, but it puts legal pressure on the insurance company and forces it to respond through the court system.
Claim vs. Lawsuit: Key Differences
Although both claims and lawsuits are about recovering money after an accident, they are very different in how they work.
Here are some significant differences between a claim and a lawsuit:
- Where it’s handled: The insurance company handles a claim, while a lawsuit is handled in civil court.
- Who is involved: Claims involve adjusters and injured parties. Lawsuits involve attorneys, judges, and sometimes juries.
- Timing: Claims may resolve in weeks or months. Lawsuits often take a year or more.
- Cost: Claims are cheaper and involve fewer fees. Lawsuits may include court costs, expert witnesses, and more.
- Control: In a claim, you can accept or reject the offer. In a lawsuit, a judge or jury may decide the outcome.
Claims are simpler, but lawsuits may be necessary when insurers refuse to take responsibility.
Do You Have to File a Lawsuit to Get Compensation?
No, many people never have to file a lawsuit. Most personal injury cases settle through the claims process.
However, if the insurance company:
- Denies your claim
- Offers too little money
- Delays the process
- Refuses to negotiate
You may need to escalate your case by filing a lawsuit.
Even after you file, a settlement is still possible. Many lawsuits settle before they ever reach a courtroom.
Can You File Both a Claim and a Lawsuit?
Yes. In fact, that’s how many cases go. You may start by filing a claim, but if it stalls or breaks down, your next step may be a lawsuit.
Here’s how the process might look:
- You file a claim with the insurance company
- They offer a low settlement or deny it
- You file a lawsuit in court
- The other party responds, and the case proceeds through litigation
- Settlement talks may continue
- If there’s no agreement, the case goes to trial
A personal injury attorney can guide you through both parts and help you decide when to make the switch.
Common Situations Where Lawsuits Happen
Although claims are more common, there are several reasons you might need to file a lawsuit:
- The at-fault party has no insurance
- The insurance coverage is too low to cover your damages
- The insurer refuses to accept fault
- There are multiple liable parties
- The case involves serious injuries or wrongful death
- The accident raises complicated legal issues
In these situations, it may be impossible to recover fair compensation without filing a formal case in court.
How Long Do You Have to File a Lawsuit in Florida?
Under Florida law, you have two years to file a personal injury lawsuit. Missing this deadline usually means you cannot file a lawsuit, even if your case is strong.
Additionally, Florida follows a modified comparative negligence rule. This means that a plaintiff’s compensation is reduced by their percentage of fault, as long as their fault is 50% or less. If the plaintiff’s fault is 51% or more, then they cannot recover any damages. An experienced Florida personal injury lawyer can ensure that you’re not unfairly blamed for the accident.
Florida’s No-Fault Rule and Claims
Florida uses a no-fault insurance system for car accidents.
That means:
- Your own insurance (PIP) pays first, up to policy limits
- You may only sue the other driver if you have severe injuries
- Fault still matters when seeking damages beyond PIP
Knowing when to file a claim or lawsuit is key, even in a no-fault state.
Contact the Jacksonville Personal Injury Lawyers at Coker Law Personal Injury Lawyers for Help Today
Understanding the difference between a claim and a lawsuit can help protect your rights and your future. Whether you’re just starting the process or facing an unfair denial, a Jacksonville personal injury lawyer can help.
Contact Coker Law Personal Injury Lawyers or call (904) 356-6071 today for a free consultation. Our Jacksonville personal injury attorneys can help you understand your options and fight for the compensation you deserve.