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Can I Settle My Personal Injury Claim Out of Court?

Posted on : September 28, 2020

While being injured in an accident is a frightening experience, the idea of going through with a lawsuit can seem even more intimidating. Is it possible to settle a personal injury claim without litigation, or will you need to go to court if you want to collect fair compensation for your accident? Here’s what you need to know. 

How Insurance Claims and Lawsuits Differ   


While many people assume that filing an insurance claim and a lawsuit after an accident are the same, they’re actually two different processes. A lawyer can help with both. 


An insurance claim involves filing an accident or injury report with an insurance carrier with whom you have coverage. The insurance company determines the value of your claim and offers a settlement award, which you may or may not accept. 


A lawsuit involves filing legal action against someone, either a person or an organization, which brings the case in front of a judge to decide the outcome. Once a judge makes a decision, this is legally binding and both parties must abide by it.  

Approaching Your Insurance Company for a Settlement Before Litigation  


When you report the accident to the applicable insurance provider, your coverage will be evaluated to determine if you qualify for any benefits to be paid out of your own policy. If the individual or entity who injured you has insurance, they will be the primary place to seek compensation. 


Ideally, you’re looking to the other party’s insurance provider as well as your own to settle the claim and offer you a fair compensation award for the damages you incurred. If you and the insurance company agree to a settlement award, litigation isn’t necessary. However, if the provider offers you a settlement that doesn’t begin to cover your expenses and they refuse to budge, litigation is likely on the horizon. 

How an Experienced Georgia Injury Lawyer Can Assist You   


If you or someone you love were hurt in an accident or were injured through no fault of your own, you may be eligible for financial restitution through an insurance settlement or litigation if necessary. 


At Chalker Injury Law, we understand how difficult life can be after an injury and are committed to helping you obtain the fair financial restitution you need to move forward after a devastating accident. Contact us today for a consultation to discuss the details of your case and the legal rights you have at (800) 393-8595. 


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