Making Insurance Claim vs. Filing Suit

According to statistics from the Florida Department for Highway Safety & Motor Vehicles (FLHSMV), there were 341,399 total traffic crashes in the state in 2020, resulting in 212,432 injuries and 3,332 fatalities. When involved in an accident caused by a negligent party, making insurance claims or filing a lawsuit against the at-fault party are among the available options to seek damages for your injuries. An experienced Florida personal injury attorney can evaluate your unique circumstances and help you make intelligent decisions.

At Glober+Glober, P.A., we have the experience and resources to assist, support, and represent clients in their personal injury cases. As your legal counsel, we can review and investigate the surrounding details of your unique situation, enlighten you about the benefits and drawbacks of making insurance claims or filing a lawsuit, and determine the best course of action. We will fight compassionately on your behalf to protect your legal rights and help seek rightful compensation for your injuries, damages, pain and suffering, or loss. My firm proudly serves personal injury victims across Jacksonville Beach, Duval County, Jacksonville, St. Johns County, Saint Augustine, Nassau County, Union County, Bradford County, and the entire state of Florida.

Difference Between Insurance Claim and Lawsuit

An insurance claim or injury claim can be described as a request to an insurance carrier to provide benefits as compensation for injury, damages, or loss. When involved in an auto accident, you may file an injury claim with your insurance provider or the negligent party's insurer, or both insurers. Since Florida is a "no-fault" state, you will first turn to your own insurer for payment of medical expenses and lost wages, regardless of the party responsible for the accident.

Conversely, a lawsuit (or personal injury lawsuit) is a formal legal complaint or action taken by the injured party against the at-fault party or uninsured motorist insurer in civil court to recover compensation for the injuries or damages caused by the other party's negligent, careless, or wrongful conduct. The purpose of the personal injury lawsuit is to sue the responsible party, or uninsured motorist insurer, for injuries or damages suffered by the accident victims.

Both options for seeking justice or recovering fair compensation for your injuries and damages have their advantages and disadvantages. It is in your best interest to consult with an experienced personal injury attorney for detailed guidance before moving forward.

When Should You File an Insurance Claim?

Following your involvement in an accident, you can file an injury claim with your insurance company. The Personal Injury Protection (PIP) policy will cover a percentage of medical expenses, lost wages up to the policy limits. PIP also pays a small death benefit to survivors.  

You may also choose to file a claim with the at-fault party's insurer and your own insurer, if you have purchased uninsured motorist coverage. Here are some of the benefits and drawbacks of filing an insurance claim:

Pros:

  • Filing an insurance claim is less stressful than going to court.
  • Filing an insurance claim is a reasonably straightforward process and involves less work.

Cons:

  • PIP benefits may not be enough to cover your medical expenses and other economic damages.
  • You will be at the mercy of the insurance company.
  • Dealing with insurance companies and claims adjusters can involve some complexities.

When Should You File a Lawsuit

If you are unable to reach a fair settlement with the insurance provider, your lawyer can help file a personal injury lawsuit against the responsible party. Here are some of the benefits and drawbacks of filing a lawsuit:

Pros:

  • The judge is a neutral and objective third party who can help resolve your case using the specified rule of law.
  • The jury, if the case is tried, is a neutral and objective body that will resolve your case impartially.
  • A lawsuit could potentially result in higher compensation.
  • You can feel a sense of justice upon receiving fair compensation.
  • You will be holding the responsible party accountable for their wrongful actions.
  • You could be entitled to punitive damages which serve as additional punishment to the at-fault party.

Cons:

  • Court costs could make a lawsuit expensive. A large portion of your settlement award may be spent on your case.
  • You may receive less than the initial settlement offer.
  • You will have the burden of proof and must present substantial evidence.
  • Unfortunately, you won't know the outcome of your case until it is over, making it stressful.
  • A personal injury lawsuit is often drawn out and can last a year or even longer.

While making insurance claims offers a straightforward way to resolve negligent accidents, lawsuits are often more complex and may take longer than expected. An experienced attorney can evaluate your unique situation, help you understand the benefits and drawbacks of each path to justice, and determine the right option to help you find a resolution.

How Legal Counsel Can Help

Being injured in a negligent accident can be emotional and painful. Such an accident can affect you financially, physically, and emotionally. Fortunately, personal injury laws are designed to protect victims who are injured due to the negligent actions of another person. An experienced personal injury attorney can explore your possible options to recover damages and help you navigate key decisions.

At Glober+Glober, we are dedicated to offering experienced legal guidance and compassionate representation to personal injury victims during such a difficult situation. As your legal counsel, we can evaluate every last fact of your case, conduct a thorough investigation, enlighten you about your available legal options, and decide your best course of action.

Whether you are interested in making insurance claims or filing a lawsuit against the at-fault party, we will guide you through every phase involved in the legal process and help you make informed decisions. Using our adept negotiation skills, we will help negotiate a fair settlement with the insurance company. Having us on your side can improve your chances of getting a favorable outcome in your personal injury case.

Contact our firm – Glober+Glober – today to schedule a simple case assessment with skilled personal injury attorneys. We will fight compassionately to protect your rights, represent your best interests, and help you seek fair financial compensation for your injuries and damages. Our firm proudly serves personal injury victims across Jacksonville Beach, Duval County, Jacksonville, St. Johns County, Saint Augustine, Nassau County, Union County, Bradford County, and the entire state of Florida.


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