After an accident, many people use the terms “personal injury claim” and “personal injury lawsuit” interchangeably — but they actually refer to two different stages in the legal process. Understanding the difference between them can help you make informed decisions and protect your rights when pursuing compensation.
At The Raimondo Law Firm, we’ve guided thousands of Long Island residents through the aftermath of serious accidents — helping them navigate everything from initial insurance claims to full court proceedings. Here’s what every accident victim should know.
What Is a Personal Injury Claim?
A personal injury claim is the first step in seeking compensation after an accident. It’s typically filed with an insurance company — either your own or the other party’s — rather than in court.
A claim is essentially a formal demand for compensation for your injuries, medical expenses, lost wages, property damage, and pain and suffering.
Common situations that lead to personal injury claims include:
- Car, motorcycle, or truck accidents
- Slip and fall or premises liability incidents
- Construction or workplace accidents
- Dog bites
- Pedestrian and bicycle accidents
During the claims process, your attorney will:
- Investigate the accident and gather evidence (photos, police reports, witness statements, medical records, etc.)
- Submit a demand letter to the insurance company outlining your injuries and damages
- Negotiate a settlement with the insurer on your behalf
The goal of a personal injury claim is to reach a fair settlement without going to court. In many cases, this can be achieved through effective negotiation — saving you time, stress, and legal costs.
What Is a Personal Injury Lawsuit?
If the insurance company refuses to offer a fair settlement — or denies your claim altogether — the next step is filing a personal injury lawsuit.
A lawsuit is a formal legal action filed in civil court against the at-fault party (the defendant). This step allows a judge or jury to determine whether the defendant is legally responsible for your injuries and how much compensation you deserve.
The lawsuit process generally includes:
- Filing a complaint: Your attorney formally files the lawsuit in court.
- Discovery phase: Both sides exchange evidence, documents, and witness information.
- Motions and hearings: The court may rule on preliminary legal issues before trial.
- Settlement negotiations or mediation: Many lawsuits still settle before reaching trial.
- Trial: If no agreement is reached, a judge or jury decides the outcome.
While lawsuits often take longer to resolve than claims, they may be necessary to ensure you receive the full and fair compensation you’re entitled to.
When Does a Claim Become a Lawsuit?
Not every personal injury claim turns into a lawsuit — but it can if:
- The insurance company denies liability (claims their driver wasn’t at fault)
- The settlement offer doesn’t cover your medical bills or future expenses
- There are disputes over fault, damages, or coverage limits
- The statute of limitations is nearing (in New York, usually 3 years from the date of the accident)
Once your attorney determines that negotiation has reached a standstill, they may recommend filing a lawsuit to protect your rights and preserve your claim before time runs out.
What Compensation Can You Recover?
Whether through a claim or a lawsuit, you may be eligible to recover compensation for:
- Medical expenses (current and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Rehabilitation and therapy costs
The amount of compensation will depend on the severity of your injuries, your long-term recovery needs, and how strongly your case is supported by evidence.
Why Having an Experienced Attorney Matters
Insurance companies often prioritize profits over people — and they know that most individuals don’t fully understand their legal rights. Having an experienced Long Island personal injury attorney on your side ensures that your claim is taken seriously and that you’re not pressured into accepting a low settlement.
At The Raimondo Law Firm, we handle everything from the initial claim process to trial representation, if necessary. Our team knows how to build strong cases, negotiate aggressively, and hold negligent parties accountable.
We don’t just represent clients — we fight for justice and recovery for our neighbors across Suffolk County, Nassau County, and all of Long Island.
Contact The Raimondo Law Firm Today
If you’ve been injured in an accident, don’t wait to get help. Whether you’re just starting the claims process or considering legal action, The Raimondo Law Firm can guide you every step of the way. To learn more about your legal rights and options, contact The Raimondo Law Firm today at (631) 460-5472 or fill out our online form.
