The Difference Between a Personal Injury Claim and a Lawsuit

If you’ve been injured in an accident, you’ve probably heard the terms “personal injury claim” and “personal injury lawsuit” used interchangeably. While they’re related, they aren’t the same thing—and knowing the difference can help you understand what to expect and when it’s time to involve an attorney.

What Is a Personal Injury Claim?

A personal injury claim is typically the first step in seeking compensation for an injury. This is usually filed with the at-fault party’s insurance company (such as their auto insurance or homeowner’s insurance).

The goal of a claim is to settle the matter without going to court. It involves:

• Gathering evidence (photos, medical records, witness statements)

• Documenting your injuries and losses

• Negotiating with the insurance adjuster

If the insurer agrees to a fair settlement, you get compensated and the case is closed.

What Is a Personal Injury Lawsuit?

A personal injury lawsuit is the next step if the insurance company refuses to offer a fair settlement—or denies the claim altogether. At this point, you and your attorney file a formal complaint in court and begin the litigation process.

This can include:

• Pre-trial motions and discovery (exchanging evidence)

• Depositions (interviews under oath)

• Mediation or settlement conferences

• A trial, if a resolution isn’t reached earlier

Lawsuits take more time and resources, but they’re sometimes necessary to get the compensation you truly deserve.

So, Which One Do You Need?

Many cases never go to court—they're resolved through the claims process. But having an experienced personal injury attorney from the start ensures:

• You don’t accept a lowball offer

• Your rights are protected

• You’re ready to escalate to a lawsuit if needed

At Charles M. Aaron Attorneys at Law, we fight for the full and fair compensation our clients deserve—whether that means negotiating a strong claim or taking your case to trial.

Injured? Not Sure What to Do Next? Let’s talk. Contact our office today for a free consultation. We’ll help you understand your options and take the right next step.