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Is Litigation a Requirement for the Resolution of a Personal Injury Claim?

Posted on : September 28, 2020

Being injured through no fault of your own is devastating, and the idea of facing the person who caused you harm in court can be nearly unbearable. Fortunately, you may be able to settle your personal injury claim outside of court. Here’s what you need to understand about litigation versus insurance settlement awards. 

The Difference Between Insurance Settlements and Litigation 


It’s not uncommon for people to confuse filing a lawsuit and filing an insurance claim. Contrary to popular belief, the two are not the same thing although they do tend to relate to one another. 


An insurance settlement is an agreement between an insurance carrier and the victim that a certain amount of money will be paid to cover the victim’s estimated expenses and they can no longer seek any other financial compensation. 


In contrast, a lawsuit is a settlement request that is brought before a judge to make a decision. Once a judge decides whether a settlement is to be paid or not, this is legally binding. 

Starting With the Insurance Company 


Litigation is generally considered a “last resort” in the legal realm unless a client stands to benefit substantially from the additional time, effort, and cost of going to court. In the majority of personal injury cases, it’s better to attempt to reach an agreement with the applicable insurance provider regarding a settlement award. 


You may also have coverage with your own insurance policy that may provide benefits depending on the type of accident or injury you incurred. For example, if you were involved in a car accident and the other driver did not have insurance, your own policy may have uninsured/underinsured benefits you can draw from. 


If you are unable to reach a consensus on an appropriate settlement, litigation may be necessary to ensure that you receive fair compensation. The last thing you want is to need medical care or compensation later on and you have no access to it because your settlement award was too low and you’re now unable to pursue additional restitution. 

When It’s In Your Best Interests to Contact a Georgia Personal Injury Lawyer 


If you were hurt in an accident or injured by someone else’s negligence, it’s crucial to work with an experienced personal injury attorney in Georgia. At Southside Injury Law, we know how challenging it can be to fight for the full and fair compensation you need to cover your post-accident expenses. Call today for a consultation at (800) 393-8595. 


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