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Making an Insurance Claim vs. Filing a Lawsuit 

Kyle H.JarzmikLaw
Person With Clipboard That Has Insurance Policy

An accident can result in minor or serious injuries, hospitalization, missed time at work, or reduced productivity. Under Georgia personal injury laws, accident victims may be eligible to pursue fair compensation by filing an insurance claim or lawsuit. A practiced Georgia personal injury attorney can educate you about your available legal options to recover damages after a negligent accident. 

At Kyle H. Jarzmik Law, I enjoy giving reliable guidance and skilled advocacy to clients in their personal injury cases. As your legal team, I can advise and advocate for you in deciding whether whether to settle an insurance claim or filing a lawsuit and help you weigh your options while keeping your best interests in mind. My firm proudly serves clients across Atlanta and throughout the state of Georgia, including Dekalb County, Lawrenceville, Fulton County, Douglas County, and Cobb County. 

Difference Between Insurance Claim and Lawsuit  

An insurance claim – also known as an injury claim – involves a formal request by an accident victim to an insurance carrier seeking compensation or reimbursement for injuries, damages, or losses suffered in a negligent accident. After an accident, the injured party may: 

  • File a third-party injury claim against the insurance company of the at-fault party, and/or

  • File an injury claim with their own insurance provider, if you have applicable coverage.

In addition, Georgia is an at-fault auto insurance state. This means that the at-fault party will be held financially liable for medical expenses, property damages, and other accident-related losses suffered by the accident victim. 

Conversely, a personal injury lawsuit is a formal legal action or complaint taken by the injured person (plaintiff) against the negligent party (defendant or at-fault party) in civil court. By filing a lawsuit, the claimant may be able to hold the at-fault party accountable and seek compensation for their injuries, damages, or losses. 

Generally, there are benefits and downsides to both options of seeking compensation after an accident or injury. Hence, it is imperative that you consult with a seasoned personal injury attorney for experienced legal guidance and to help you make informed decisions. 

What Are the Pros and Cons of Filing an Insurance Claim?  

To seek financial compensation after a negligent accident or injury, you may file an injury claim with your own insurer or against the insurance company of the at-fault party. Here are some of the benefits and downsides of filing an insurance claim: 


  • Filing an insurance claim is typically less complex and less time-consuming than litigation

  • Filing an insurance claim has fewer upfront costs than litigation. 


  • Dealing with claims adjusters and insurance companies can be very difficult. 

  • The insurance provider might negotiate your injury claims using bad faith tactics. 

  • The insurance claim may not cover the total damages and expenses. 

  • You may be unable to recover the deserved financial compensation for your injuries, medical bills, lost income, and other possible damages. 

What Are the Pros and Cons of Filing a Lawsuit? 

However, if you're unable to achieve a fair settlement with the insurer, you – or your lawyer – can take additional legal action by filing a lawsuit in civil court against the at-fault party. Here are some benefits and drawbacks of filing a lawsuit. 


  • You can hold the negligent party accountable through a lawsuit. 

  • Your case will be resolved using specific rules and legal procedures. 

  • You may be able to recover higher compensation or benefits through a favorable judgment. 

  • In a lawsuit, the judge can award punitive damages as added punishment to the at-fault party for their willful misconduct or egregious conduct. 


  • You will have the burden of proof in a lawsuit. 

  • As the plaintiff, you must provide significant evidence and facts. 

  • It may take several years to get a judgment for your personal injury lawsuit. 

  • You won't know the outcome until the case is over. This may be quite risky. 

  • You may end up receiving lower compensation. 

  • Court costs and attorney fees may take a significant portion of your judgment. 

In general, filing an injury claim is the first part of the process. If that cannot be resolved, filing a lawsuit is the next step. Litigation can be costly, and time-consuming. An understanding lawyer can review every fact of your case and determine the right choice for your unique circumstances. 

How Kyle H. Jarzmik Law Can Help  

Deciding whether to settle an insurance claim, file a lawsuit, and ultimately of whether to go to trial after an accident often requires thoughtful consideration. In order to make the right decision, you need to understand the benefits and drawbacks of each option. At Kyle H. Jarzmik Law, I have the diligence and expertise to assist, guide, and represent clients in their personal injury cases

As your attorney, I can investigate all of the facts of your personal situation thoroughly, explore your options to recover damages, and help you decide the right choice to maximize your compensation. In addition, I will offer you the compassionate representation you need at every stage of the legal proceedings, negotiate effectively with the insurance companies, and help you recover the financial justice you deserve. 

Contact me at Kyle H. Jarzmik Law today to speak with an experienced personal injury lawyer. I have the knowledgeable guidance and vigorous representation you need in your claims. My firm proudly serves clients across Atlanta and throughout the state of Georgia, including Dekalb County, Lawrenceville, Fulton County, Douglas County, and Cobb County.