What is the Difference Between a Claim and a Lawsuit in PA?

injury claim versus lawsuit - picture of legal gavel If you suffered a personal injury due to negligence, you may be eligible to seek compensation. If you have a case, do you know what legal process to use? Should you file an injury claim or a lawsuit in Pennsylvania? What is the difference between the two?

Schmidt Kramer discusses the difference between an injury claim and a lawsuit, including the key elements and potential outcomes of each.

Injured due to the negligence of someone else? If so, you may be eligible to seek compensation. Contact our law offices to discuss your situation with one of our experienced Harrisburg-area personal injury lawyers. We have a history of proven results handling all types of personal injury claims.

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Who May Be Eligible to File an Injury Claim or Lawsuit in Pennsylvania?

To be eligible to seek compensation after a personal injury, you or your attorney must establish certain elements exist, including the following:

Another party owed you a duty of care
That party breached that legal duty by doing something or failing to do something
That breached duty led to an incident that caused you harm
You suffered injuries as a result of that incident
Damages, such as medical costs, lost wages and property damages, occurred

If these elements cannot be established, then there is no negligence. If there is no negligence and no injury, you do not have a case and cannot pursue an injury claim or lawsuit against the other party.

However, if you or your attorney establish there was negligence, you will need to notify the appropriate insurance company.

What is an Injury Claim?

An injury claim in its simplest form is the act of filing an insurance claim. The type of insurance company you file with depends on the type of accident that injured you. For instance, a slip and fall in front of someone’s private property might result in a claim against that individual’s homeowner’s insurance.

If you are injured as the result of a car crash, however, you must always file through your insurance company first, regardless of fault. This is due to Pennsylvania’s choice no-fault insurance laws. Medical costs after a crash initially fall under your Personal Injury Protection (PIP) insurance coverage. Once your PIP coverage is exhausted, you may have other legal options for seeking compensation. However, it largely depends on whether you have a limited tort or full tort policy.

If you are working with an attorney, he or she can help you understand your legal options.

Next Steps of a Personal Injury Claim

Once you file your accident claim and get the legal ball rolling, you can expect the insurance company to do a few things:

Investigate the incident to determine what occurred and who may be at fault
Investigate the extent of your injuries and other damages
Contact you to get a statement from you
Request certain documentation from you, such as your police or accident report. They may also ask you to see your medical records.
Make you a quick offer to settle your claim

The insurance company takes these steps for a certain reason. It is not because they are planning to pay you full and fair compensation for your damages. Rather, insurance companies always protect their bottom line. In short, they look for reasons to pay you as little as possible.

Negotiating Your Settlement

Once you reach your maximum medical improvement (MMI), your attorney can begin to negotiate settlement terms on your behalf.

During the personal injury claims process, you and/or your attorney negotiate with the insurance company to settle your claim. Having someone manage your case who will protect your best interests is important. It is also vital that your attorney is a skilled negotiator who knows how to accurately determine the value of your claim.

What Are Some Common Ways Personal Injuries Occur?

Personal injuries can occur anywhere, at any time and in any location. The most common ways people may suffer a personal injury due to negligence are:

Passenger car crashes or collisions with other types of vehicles
Bicycle crashes
Slip and fall incidents
Motorcycle crashes
Semi-truck accidents
Dog bites
Defective products
And more

What Are the Pros and Cons of Filing an Injury Claim Over a Lawsuit?

Seeking compensation for your damages through either legal process has significant benefits. However, there are disadvantages too.

Pros and Cons of Seeking Compensation Through an Injury Claim

The biggest benefit of filing an injury claim is that you get the money you need faster. You also avoid a lawsuit, which means you do not have the added expense of a court trial.

Generally speaking, the insurance company also wants to avoid a lawsuit. In part, this is due to the extra costs involved, but also because the jury may end up awarding even more money than they would have to pay in a settlement. That said, they will still try to negotiate a lower settlement agreement. Insurers know they have a chance of getting away with paying you less, especially if your attorney is not one who takes cases to court.

Pros and Cons of Filing a Lawsuit to Recover Compensation After an Injury

One of the benefits of a court trial is that your injury case is heard by a neutral jury. Unlike a criminal case, your attorney only has to prove the defendant was more likely than not to have caused your injury. If the jury is sympathetic to your case and finds you credible, this could result in you getting significantly more money than you would have gotten through a settlement.

That said, the extra cost for the trial is deducted from the total amount of compensation you are awarded. If the award is significant, then it is worth it. However, there are no guaranteed outcomes with a jury trial. This means that you could end up with significantly more, significantly less or no compensation at all if the jury sides with the defendant.

What is a Personal Injury Lawsuit?

If negotiations fail and the insurance company does not agree to an acceptable offer, then you have the option to take the next step in the legal process. That step is to file a personal injury lawsuit.

It is worth mentioning that most injury cases do not go to trial. Sometimes just filing a lawsuit can be enough to get the insurance company to increase their offer. This is especially true if your attorney has a history of going to trial.

While your attorney can navigate the complicated legal process of a personal injury lawsuit, there are a couple of critical things you should know:

Deadlines Apply

Better known as the statute of limitations, Pennsylvania injury victims have two years to file a personal injury lawsuit. If you miss that deadline, you will not be able to seek any compensation for your injuries.

Lawsuits Have Multiple Phases

There are multiple phases in a lawsuit, which is just one reason why this legal process can go on for months or even years.

For starters, once the attorney files the motion, each side will investigate the incident fully. This phase is called the discovery process, and it gives both sides an opportunity to gather evidence and other documentation, do witness interviews, take depositions and more.

Throughout the discovery stage, your attorney can continue the negotiation process. However, if there is still no agreement by the time the discovery phase concludes, the case will go to trial. This is the stage where both sides have an opportunity to present their side to the judge and jury.

When Should You File a Personal Injury Lawsuit?

If you hire an attorney, which we strongly recommend, he or she will recommend this step and handle it on your behalf. However, most personal injury claims settle before that point.

Call to Discuss Your Personal Injury With a Qualified Attorney at Our Firm Today

If you were injured due to the negligence of another individual or party, you may be eligible to recover compensation for your damages.

Most people are unsure whether they may have a case, but we can help determine your legal options at no cost or risk to you. Simply contact our law offices anytime, night or day, and request your free case review. If we validate your case and you choose to hire our firm, there are no upfront costs to pay.

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Testimonials

Dear Scott,
Hello there! I’m a little late to the game here, but I wanted to be certain I wrote to you. Oops—sorry for the typo! As you’ve probably gathered, I am writing you from a typewriter. Do you still use these in the office? Back on topic, I wanted to take a moment to express my deep gratitude for your guidance and support throughout the entire legal process for my accident. Can you believe it’s been five years?? Your attention to detail, professionalism, and delicate handling of my case made an incredibly difficult time more manageable for me and my family. We’re forever grateful.
From the moment you stepped foot in that hospital room with me, I felt relieved to have someone in my corner like you and your team. You took the time not only to explain each legal step in a way that made sense but also to acknowledge the emotional weight of what I was going through. That delicate balance—handling the intricacies of my case with precision while also being sensitive to my well-being—is something I will always be grateful for. In many ways, the outcome of the case reflected your dedication, but what has stayed with me even more is how you treated me throughout the process—with patience, respect, and compassion. You listened to my concerns and reassured me in moments of uncertainty. And even now, I feel your compassion each year on my birthday when I receive a text from you!
Thank you, not just for the outcome, but for the way you handled each moment. You are an incredible lawyer, but more importantly, an incredible person, and I was fortunate to have you in my corner.
With heartfelt gratitude,
Ricky D
Definitely were people of their word. Certainly helped me through my whole case
The legal team was very professional and met my needs I would highly recommend them
Monte cargile
Very great experience working with you guys continue the great service timely response communication well understand
jackie duffus
Schmidt Kramer is simply definition of hardworking, they are trustworthy and get best claim you could never think of.

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Schmidt Kramer, P.C.partner Gerard C. Kramer won a personal injury action for $10,043,952.13 in Northumberland County on behalf of a volunteer firefighter who was the victim of Intentional Tort. The 50-year-old volunteer firefighter was seriously injured when a barn collapsed, causing a spinal injury which left him a paraplegic. The claim was brought against the arsonist who intentionally started the fire. It is believed that the verdict is the highest ever in Northumberland County.
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Yesterday a Judge in Union County (Lewisburg, PA) awarded a couple from New Berlin, Pennsylvania, over $4,000,000 because the husband was shot while turkey hunting.You might ask yourself, how does a turkey hunting accident end up with that type of verdict? In order to understand the verdict you would have to know our clients. They are good people who had their life wrecked. Plus, you would have to know the defendant, who should not have been hunting with a gun because he was prohibited after a previous criminal conviction.It is a good verdict, because the Judge was able to do two things with his decision. First, he communicated to two very good people that their losses were something that those of us on the outside could appreciate and value. Mike Hobbins (our client) is a 51 year old guy who lost his sight because a convicted felon --who should not have even possessed a gun-- went hunting illegally, and broke with impunity the most fundamental rule in hunting: identify your target before you pull the trigger. The Judge accepted the financial loss Mr. Hobbins' suffered, but listened closely to the evidence of less tangible losses. When Mike broke down on the stand, because his daughter would end up walking him down the aisle at her wedding, as opposed to how it was supposed to go, the Judge was listening. When Mike could not keep it together, because of how emasculating it was for him not to be able to provide financially for his family, the Judge was listening. It was facts like these that the Judge cited to support the $2,000,000 award for non-economic damages. Second, the Judge wanted to send a message. Union County is a hunting county. Many of the residents hunt there, and people from outside the area come to Union County to hunt. It was my impression, from the Judge's statements as he rendered his decision, that he wanted to send a message to the people in Union County to protect them in their sport. The rules in place to restrict people convicted of crimes not to have a gun are not to be broken. Hunting is serious and you have to identify your target before you shoot. When you turn your back on the rules that are set to provide safety in a sport, you risk being an example. Here, the $1,000,000 punitive damage award sends that message loud and clear.When it really comes down to brass tacks, the right action was taken against a Defendant who may never truly appreciate what kind of impact his reckless choices caused.At Schmidt Kramer, we are injury lawyers. That means we work with people who were hurt in car accidents, who were hurt by the neglect of nursing homes, or those that were seriously injured because of the reckless, thoughtless acts of others. If you or a loved one have been injured in Pennsylvania, we may be able to help. While the verdict yesterday is not one that is representative of every case we do, it does show that serious and dedicated representation can bring good results.Joe ChapmanJanuary 18, 2013
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A Dauphin County jury has awarded a $1.2 million verdict to the parents of a 5-year-old who had an anoxic brain injury and stopped breathing after he had a tonsillectomy.2012-06-26 10:00:00 AMDate of Verdict: June 19. 2012Court and Case No.: C.P. Dauphin County No. 2009-CV-14003-MMJudge: Scott EvansType of Action: Medical malpracticeInjuries: Anoxic brain injuryPlaintiffs Counsel: Terry S. Hyman, Schmidt Kramer, HarrisburgPlaintiffs Experts: Dr. Anna H. Messner, liability; Lucille Packer, Pediatric Otolaryngology, Palo Alto, Calif.; Terry P. Leslie, vocations and earning capacity, Lancaster; Dr. Hilary B. Berlin, pediatric psychiatry, Great Neck, N.Y.Defense Counsel: Andrew H. Foulkrod, Darlene K. King, Foulkrod Ellis, Camp Hill, PADefense Experts: James C. Reilly, Pediatric Otolaryngology, Wilmington, DEComment: A Dauphin County jury has awarded a $1.2 million verdict to the parents of a 5-year-old who had an anoxic brain injury and stopped breathing after he had a tonsillectomy.The entire verdict came against Dr. Andrew M. Shapiro, the doctor who plaintiffs Reginald Graham and Tykeisha Metz alleged chose to have the boy monitored at a pediatric ward. The plaintiffs argued Shapiro failed to tell nurses caring for the baby about, and how to care for, the boy's enhanced risk for respiratory failure.The jury came back on June 19 and awarded Reginald Graham and Tykeisha Mets $500,000 in non-economic damages and $686,170 in loss of future earning capacity, according to the plaintiffs counsel.According to the statement, the baby's mother brought him to Shapiro because she was "'afraid that he might stop breathing during his sleep,'" the plaintiffs' pretrial statement said. Shapiro performed a sleep study and observed the baby's Apnea Hypopnea Index to be 43 — four times higher than what's considered severe. A tonsillectomy and adenoidectomy were performed.According to the plaintiffs, the baby's sleep study results put him at an increased risk for post-operative respiratory complications. Despite this, they argued in the statement, Shapiro ordered the pediatric nurses at the Harrisburg Hospital general pediatric ward to observe the boy as they would any other patients — about once every four hours.The pretrial statement said that one in four children who have an AHI in the 40s and oxygen desaturation below 80 have some type of respiratory problem. The younger the child, the greater the risk of a respiratory problem, the statement said.According to the statement, Shapiro took off the child's pulse oximeter, the finger-mounted device used to measure blood oxygen, and ordered a heart and respiratory rate monitor. The child was 11 months old at the time.The plaintiffs pled that the baby was last seen at 4 a.m. There was no record of his oxygen saturation for the next hour and 45 minutes. He stopped breathing a 6:40 a.m., and his brain was without oxygen long enough to cause demonstrable injury on an MRI."Immediately prior to his surgery, [the child] was a normal child, who could say mama, eat finger foods, and was just on the verge of walking," the statement said. "After his code, [he] was like a newborn. He could not lift his head or sit up. He could not talk. He could not move."In his pretrial statement, Shapiro argued that he recognized the child's pre-operative sleep study showed he was driven to breath by decreased blood oxygen saturation, which he said was typical in patients with obstructive sleep apnea.He argued the American Academy of Otolaryngology dictates that admission to the intensive care unit is not the standard of care. In the statement, he said nurses did not observe signs of respiratory distress. No alarms sounded until the child arrested, the statement said.He said the baby likely arrested as a result of hypoglycemia and/or an acute aspiration, which he argued would not have been identified by blood oxygen saturation.— Ben Present, of the Law Weekly
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What is the Difference Between a Personal Injury Claim and a Lawsuit in Pennsylvania?