Claim vs. Lawsuit

When you’re hurt because of someone else’s actions, you may hear terms like “claim” and “lawsuit” tossed around. What do these words really mean, and how are they different? If you’re considering taking legal action after an injury in Texas, it’s important to understand these terms. 

Even more important is having the best personal injury lawyers on your side. Insurance companies often try to minimize payouts, delay claims, or deny them outright. At Zehl & Associates, our undefeated attorneys have recovered Billions for clients across Texas and the U.S., including some of the largest verdicts and settlements in history. With the right legal team, you can ensure negligent parties are held fully accountable and secure the maximum recovery possible — whether through a claim or a lawsuit.

Below, we  break down the difference between a personal injury claim and a lawsuit in simple language, so you can make informed choices about your next steps.

Table of Contents

• What Is a Personal Injury Claim?
• What Happens During a Personal Injury Claim?
• What Is a Personal Injury Lawsuit?
• What Happens During a Personal Injury Lawsuit?
• When Should You File a Claim vs. a Lawsuit?
• The Road to Recovery Starts With the Right Path

What Is a Personal Injury Claim?

A personal injury claim is the initial step in seeking compensation after an accident or injury. It’s not a lawsuit or a court proceeding—instead, it’s a formal request to the at-fault party’s insurance company asking them to cover your losses. These losses, known as damages, may include medical expenses, lost wages, pain and suffering, and other related costs.

This process is typically resolved outside of court. In fact, most personal injury cases in Texas are settled at the claims stage, often without the need to file a lawsuit or go to trial. In essence, a personal injury claim is a way to negotiate for fair compensation directly with the insurer, ideally saving time, stress, and the expense of litigation.

What Happens During a Personal Injury Claim?

Understanding the personal injury claims process can help you feel more prepared during an already stressful time. Once a claim is filed, several steps typically follow. Here’s what you can expect:

• Claim investigation begins: The insurance company reviews medical records, police reports, property damage, and may interview witnesses.
• Requests for information: You might be asked to provide additional documents or give a recorded statement.
• Initial settlement offer: If the insurer admits fault, they may propose a financial settlement to resolve the claim.
• First offer is often low: Initial offers rarely reflect the true value of your case.
• Attorney negotiation: A skilled Texas personal injury lawyer can negotiate for a higher, fairer amount.
• Lawsuit may follow: If no agreement is reached, your attorney may file a lawsuit to pursue full compensation.

The claims process is your opportunity to seek resolution before going to court, but it’s also when insurers try to minimize payouts. 

What Is a Personal Injury Lawsuit?

A lawsuit is a legal action you file in court when the insurance company doesn’t offer a fair settlement or denies your claim entirely. When you file a lawsuit, you become the plaintiff, and the person or company you’re suing becomes the defendant. 

What Happens During a Personal Injury Lawsuit?

Filing a lawsuit is a more formal step in the legal process and follows specific court procedures. If your injury claim doesn’t settle, here’s what typically happens during a personal injury lawsuit in Texas:

• The lawsuit begins with a complaint: Your attorney files a legal document outlining the facts of the case, who is responsible, and the compensation you’re seeking.
• The discovery phase follows: Both sides exchange information through depositions (interviews under oath), interrogatories (written questions), and document sharing.
• Settlement may still occur: Many lawsuits resolve during discovery, often before reaching the courtroom.
• Trial is possible: If no agreement is reached, the case proceeds to trial, where a judge or jury determines fault and compensation.

Taking legal action demonstrates your commitment to securing fair compensation when insurance negotiations fail.

When Should You File a Claim vs. a Lawsuit?

In most cases, you should start with a claim. Filing a claim is faster, cheaper, and less stressful than going through a lawsuit. It gives the insurance company a chance to do the right thing. But there are times when filing a lawsuit becomes necessary.

You may need to file a lawsuit if:

• The insurance company denies your claim
• They blame you for the accident
• Their offer is too low to cover your losses
• The other party doesn’t have insurance at all
• The deadline to file a lawsuit (called the statute of limitations) is approaching

In Texas, you usually have two years from the date of the injury to file a lawsuit. If you wait too long, you could lose your right to recover any money at all. Your attorney can help you decide whether to keep negotiating or move forward with a lawsuit. 

The decision between a claim and a lawsuit depends on your specific situation, but knowing the difference helps you understand your legal rights.

The Road to Recovery Starts With the Right Path

Suffering a personal injury can be overwhelming, but knowing your options can help you take control. Whether you begin with an insurance claim or need to file a lawsuit, understanding the difference empowers you to make the best decision for your situation. In Texas, time matters, evidence matters, and having the right legal support matters. 

Don’t wait to take action. Talk to a trusted personal injury lawyer who can walk you through every step of your case. Reach out to Zehl & Associates today at 888-603-3636 to schedule a free consultation with an experienced member of our team.