Claims vs. Lawsuits: What’s the Difference?

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Legal terminology can be difficult to understand on a good day – let alone right after you’ve been injured in one of the thousands of car accidents that occur in Kansas City each year. However, knowing the difference between terms can make all the difference in your case and your stress level. For instance, many injury victims mistakenly believe a “claim” they filed after a car accident is the same thing as a “lawsuit,” even though they represent different stages after an accident and mean very different things. If you’ve been injured in a car accident, talking to a Kansas City Car Accident Attorney can help you understand the process and what steps to take to avoid legal pitfalls. 

What’s a Claim?

Once you’re hurt in a Kansas City crash due to someone’s negligence, your first step to seeking compensation is filing a claim with the responsible party’s insurer. The negligence may be anything – common Kansas City accident causes such as distracted driving or drunk driving – or uncommon causes like tailgating. When filing the claim, you should include a demand letter spelling out:

  • How their insured was negligent, 
  • How you’re injured, and 
  • An amount to compensate for your damages.

Ideally, a skilled car accident attorney can help with this process and will handle the negotiations that occur once your demand letter is received. If the negotiations are unsuccessful and you can’t reach a settlement with the insurance company, you may need to file a lawsuit. 

What’s a Lawsuit?

A lawsuit begins when you file a complaint against the responsible party in civil, not criminal, court. A judge oversees the case and either a judge or jury will decide the outcome if the case goes to trial. However, most civil lawsuits settle during pre-trial or trial before a verdict is rendered. Lawsuits are often necessary when:

  • The insurer offers a low-ball settlement, 
  • Someone other than the driver, such as a mechanic or auto manufacturer, is found partly responsible for the accident and your injuries, and
  • The accident happened so long ago that the period allowed by law for filing your lawsuit, called a statute of limitations, has almost expired. 

Talk to a Kansas City, MO Car Accident Attorney

We understand it’s overwhelming to make decisions and take action after a traumatic experience such as a car accident, but it’s critical you take some steps to ensure you don’t lose out on your chance to recover compensation for your injuries. The Kansas City Car Accident Attorneys at Krause & Kinsman have experience dealing with insurance companies, negligent drivers, and opposing attorneys to save you countless headaches and make sure your best interests are protected.

We’ll fight for you to recover the compensation you deserve for injuries you didn’t deserve. Call us at (816) 307-2352 or contact us online to schedule your initial free consultation today. Let us answer your questions and help you secure the best outcome from a bad situation starting now.

Our Reputation

The Krause & Kinsman Law Firm is made up of some of the nation’s foremost legal minds in the mass-tort field. That’s why our clients & co-counsel partners choose us.

Plaintiffs’ Steering Committee, and Co-Chair of the Law & Briefing Committee in MDL 2846:

In Re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation

Plaintiffs’ Steering Committee in MDL 2974:

In Re: Paragard IUD Products Liability Litigation

Plaintiffs’ Steering Committee in MDL 2924:

In Re: Zantac (Ranitidine) Products Liability Litigation

Along with the aforementioned MDLs,

Plaintiff’s Counsel has prosecuted thousands of cases across other Multi-District Litigations and Mass-Torts, including:

MDL No. 3043:

Acetaminophen ASD/ADHD Product Liability Litigation

MDL No. 2753:

Atrium Medical Corp. C-Qur Mesh Products Liability Litigation

MDL No. 2782:

Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation

MCL No. 627:

In Re: Physiomesh Litigation, MCL

MCL No. 633:

In Re: Prolene Hernia System Mesh Litigation

MDL No. 2750:

Cook Medical, Inc., IVC Filters Marketing, Sales Practices and Products Liability Litigation

MDL No. 2641:

Bard IVC Filters Products Liability Litigation

MDL No. 2326:

In Re: Boston Scientific Corp. Pelvic Repair System Products Liability Litigation

MDL No. 2606:

Benicar (Olmesartan) Product Liability Litigation

MDL No. 2666:

In Re: Forced Air Warming Devices Products Liability Litigation

MDL No. 2591:

Syngenta AG MIR162 Corn Litigation

MDL No. 2936:

In Re: Smity’s/CAM2303 Tractor Hydraulic Fluid Marketing, Sales Practices and Products Liability Litigation

MCL No. 630:

In Re: Proceed Mesh Litigation

MDL No. 2543:

In Re: General Motors LLC Ignition Switch Litigation

MDL No. 2004:

In Re: Mentor Corp. ObTape Transobturator Sling Products Liability Litigation

MDL No. 2187:

In Re: C. R. Bard, Inc. Pelvic Repair System Products Liability Litigation

MDL No. 2325:

In Re: American Medical Systems, Inc., Pelvic Repair System Products Liability Litigation

MDL No. 2327:

In Re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation

MDL No. 2387:

In Re: Coloplast Corp. Pelvic Support Systems Products Liability Litigation

MDL No. 251:

In Re: Neomedic Pelvic Repair System Products Liability Litigation

Highly Awarded Trial Attorneys

The Krause & Kinsman Law Firm is one of the nation’s leading mass-tort & personal-injury law firms. The founding partners, Adam & Robert, have been selected to serve on steering committees for some of the largest pharmaceutical mass-tort cases.

Working With Us

Partnering with Krause & Kinsman is easy. When you partner with Krause & Kinsman, you can be sure that our mutual clients’ complex matters are handled with the utmost care and dedication. In addition to our top-notch representation, we will ensure our mutual clients receive frequent communication about the status of their cases.

Partner With Us

Why Us?

Recognized leaders in mass-torts with vast experience in complex litigation.

Your clients will appreciate the high-quality representation provided.

Your clients will consistently real-time updates on the status of their case via video, email, text, and phone.

Get real-time updates on the status of our mutual clients while their cases progress.

Collaborate on the case together and receive co-counsel fees.