Legal Claims vs. Lawsuits: What’s the Difference?

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For those who have been injured in Colorado motor vehicle accidents, slip, and fall accidents, ski crashes, or other such incidents, there are two different routes of recovery available.

Each of these avenues may provide the injured victim with the compensation needed to pay for medical bills and other expenses related to the accident. However, there are advantages and disadvantages to both methods which should be carefully considered.

Filing a Legal Claim with the Insurance Company

The first option is to file a legal claim with the at-fault party’s insurance company.

Once a claim with the insurance company has been filed, the accident victim may negotiate a settlement that provides adequate compensation for medical bills, lost wages, and other expenses that stem from the incident.

Sometimes, you file a claim with the insurance company but are unable to settle the claim for what you believe is a fair amount. The adjuster may continually argue that the claim is not worth what the victims believe it is worth. At this point, you will need to discuss with your attorney whether you are willing to settle the claim or whether you want to file a lawsuit instead.

Filing a Lawsuit

Filing a lawsuit often becomes necessary if the insurance company refuses to settle a claim for a reasonable amount.

First, a personal injury attorney files the lawsuit on behalf of the injured victim. The lawsuit is then served on the opposing party, and the parties subsequently enter the discovery phase.

Most personal injury cases need to get through the discovery phase before it is possible to settle a claim. During discovery, the parties exchange evidence, such as medical bills, eyewitness accounts, accident reports, and other documents or items that are needed to fully evaluate the claim.

Most cases that enter litigation settle without the need for a jury trial.

A major disadvantage of litigation is that it is a very expensive process. Consulting with expert witnesses, taking depositions, copying evidence, and numerous other steps may cost thousands of dollars.

Another disadvantage of litigation is that it may take much longer to finalize a claim, especially if a trial is necessary. Many court dockets have heavy loads. It may be months before a trial can be scheduled.

Additionally, there is always the risk of going to trial and obtaining a defense verdict or a verdict that is smaller than the insurance company’s offer.

Litigation has advantages, however. Once a lawsuit is filed, the parties have subpoena power, making some necessary evidence obtainable.

Further, if an adjuster was not fairly evaluating the claim, other individuals may join the process of evaluating the damages in the case once a lawsuit has been filed. This may result in a fair settlement for the victim’s injuries.

There is also the possibility that a jury will award an accident victim more than the insurance company offered to pay.

An experienced Denver personal injury attorney at Donaldson Law, LLC can help accident victims with both routes and advise them accordingly. Whether the claim is settled with the insurance company or must go to trial, these attorneys are able to ensure that their clients’ legal rights remain protected throughout the case and that they receive the best results possible.

If You Have Been Injured, Contact Donaldson Law, LLC

Attorney Jennifer Donaldson represents injured clients throughout the Denver area and is experienced in both negotiating with insurance companies and advocating for victims in the courtroom. To schedule a free consultation with our firm, contact us at 303-458-5000.

Filed Under: Denver Personal Injury Attorney

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CLIENT REVIEWS

My husband was rear-ended and his head broke through the back window of the truck. We decided to give things time to see if he improved. The other insurance company dragged things on forever. That’s when we decided we needed an attorney. We did not fully understand the statute of limitations and called a few attorneys thinking we had enough time. We quickly found out that in the land of the law, we were cutting it very close. The other attorneys we called passed saying that they just didn’t have the time to handle our case; we didn’t even get a chance to speak with anyone but the receptionist. Then I called Jennifer Donaldson and spoke to Melanie who is part of Jennifer’s incredible team. – Jackie G.

I was hit by a car while I was in a crosswalk. Afterward, I underwent multiple surgeries and occupational therapy. I was out of work after losing the use of my hand for a period of time. I knew that I couldn’t deal with the insurance companies on my own. After some research, I found Jennifer and Melanie. They were amazing through the whole process and the result was a very generous settlement. They were also able to get my health insurance to waive their subrogation claim. They have both been great to work with. Throughout my claim, they communicated with me and kept me updated. I would definitely recommend using Jennifer Donaldson if you ever need an attorney for a personal injury case.– Zander O.

Jennifer and her team were fantastic. They guided me through the whole process after getting into a car accident. She fought for me, and gave me and my family the best support. I don’t think I could have made it through the whole process without Jennifer and her team. Their knowledge of the insurance industry was very helpful and was a key factor in the outcome of my case.– Tony D.

My wife was involved in a serious auto accident where she sustained serious injuries, including a traumatic brain injury. Ms. Donaldson was professional, compassionate and very thorough from beginning to end. Her focus was to make sure that we were made whole. Her thorough work resulted in a settlement that provides for our needs for the rest of our lives. Ms. Donaldson is a great attorney.– Tony D.

I was hit by a car while riding my bicycle, causing me serious and permanent injuries. Ms. Donaldson handled my case in a very professional manner with outstanding results. She worked hard to make sure we got a settlement without the need for litigation while still getting the maximum recovery available. She and her staff were very thorough and stayed in constant communication. Overall, Ms. Donaldson was outstanding during the entire case. I highly recommend her to anyone in need of representation for their personal injury claim.– Leigh C.