Making an Insurance Claim
vs. Filing a Lawsuit

The Nebraska DHHS found that there were 8,925 hospitalizations for injuries in 2014 alone. When you’re injured in an accident, many things happen all at once. It can be overwhelming, especially when you’re trying to consider the next steps to take. 

In these uncertain times, you need the guidance of an experienced personal injury attorney. Harris & Associates, P.C., L.L.O. has over 40 years of combined experience in helping clients pursue personal injury claims. By fully investigating incidents, valuing damages, negotiating with insurers, and litigating personal injury claims in a court of law, our team proudly serves clients in Omaha and the surrounding counties of Douglas, Sarpy, Dodge, and Lancaster.

DIFFERENCE BETWEEN AN
INSURANCE CLAIM AND A LAWSUIT

Generally, an insurance claim is a legal demand for compensation, such as a request to an insurance company for payment following an accident. Lawsuits are legal actions decided in court and involve one party, the plaintiff, suing another party, the defendant, for compensation.

Some cases are better settled through the claims process, while others require civil legal action to arrive at a resolution. The amount of compensation you seek, the facts of the case, and how much effort you want to commit to the process may all factor into your decision.

WHEN SHOULD YOU FILE
AN INSURANCE CLAIM?

No matter how your injury occurs, an insurance company is going to get involved. An adjuster will reach out to you after the injury claim is reviewed. The adjuster will give you three options: accept the claim, state a counteroffer, or reject the claim.

Once you’re met with the response to your personal injury claim, it can help to settle it with a lawyer by your side. Settling out of court with a personal injury lawyer has its advantages. In court, you spend more money on court costs, it takes longer to get compensation, there’s extra paperwork involved, and your case worth isn’t as clear as it would be settling out of court with the adjuster. 

Out of court has some disadvantages, however. Insurance companies can take longer to make final decisions and, when they do, essentially have the final say in the compensation amount, therefore, your damages may not be completely covered. It’s important to look at the advantages and disadvantages of settling out of or in court, but however you do it, an experienced attorney will support you and make sure you aren’t alone.

WHEN SHOULD YOU
FILE A LAWSUIT?

If an agreeable settlement cannot be reached with the insurance company, your next step may be to file a lawsuit. A lawsuit will go to court. That means your verdict will be dependent on a judge and/or a jury. There are pros and cons to filing a lawsuit, so it’s important to understand the possible ramifications. 

Some pros to filing a personal injury lawsuit include:

  • It’s possible that a higher settlement is granted. 
  • Your case is looked at by an objective group.

Some cons are:

  • Court cases are more public.
  • You spend more (with court fees and additional attorney hours).
  • The result is up to someone else. 
  • Courts can take much longer than settling.

HOW LEGAL COUNSEL CAN HELP

Whether you file a personal injury claim or lawsuit, navigating the legal system can be challenging, to say the least. The benefit of having an attorney is that they can provide legal consultation to help you decide on the option that will put you in a position to move forward. Your attorney and staff will take charge so that you can focus on what’s most important: healing. and can negotiate with the insurance company on your behalf.

CONTACT AN EXPERIENCED
PERSONAL INJURY ATTORNEY TODAY

Whether it’s a pre-litigation claim or a claim in a lawsuit, the goal is the same—getting compensated for your injury. It doesn’t matter whether you wish to deal directly with the defendant’s insurance company by filing a claim with them or filing a lawsuit against them. The law firm of Harris & Associates, P.C., L.L.O. has the experience and dedication to guide you through whichever process you choose. Call our Omaha, Nebraska office today to schedule a one-on-one consultation.


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