In personal injury law, a claim is a request for financial compensation from the party legally responsible for your injury. A lawsuit, on the other hand, is a formal legal process filed in court to compel payment.

Both routes are common after incidents such as car accidents, dog bites, or workplace injuries, and the best path for your case depends on its unique facts. A Georgia personal injury attorney at Lawson Personal Injury Attorneys can help you determine whether filing a claim, a lawsuit, or both is the right approach.

How Insurance Claims Work

Insurance companies pay claims based on the terms and limitations of their policies. If your loss is excluded from coverage, you may not receive any payment. And even if your claim is accepted, payment is capped by policy limits.

You may be entitled to file a claim under:

• Your own insurance (first-party claim)
• Someone else’s insurance (third-party claim)

Understanding the difference is essential for recovering full compensation.

First-Party vs. Third-Party Claims

First-Party Claims

These are filed against your own insurance policy. Common scenarios include:

• You caused the accident.
• The at-fault party is uninsured or underinsured.
• You were injured in a hit-and-run and the driver was not identified.

Third-Party Claims

These are filed against the at-fault party’s insurance policy. If the other party has valid liability coverage, you can submit a claim as a third-party beneficiary. This is the most common scenario in auto accident and premises liability cases.

Why File a Lawsuit?

Filing a lawsuit does not mean your case will go to trial. In fact, most personal injury lawsuits settle before ever reaching the courtroom.

Still, filing a lawsuit offers strategic advantages:

• It preserves your legal rights before the statute of limitations expires.
• It applies pressure on the insurance company to offer a fair settlement.
• It signals you are serious about your claim and willing to pursue it in court.

How Lawsuits Work in Georgia

A lawsuit begins when you file a formal complaint with the appropriate court and serve notice to the defendant.

The Complaint

Your complaint must describe:

• The legal basis for your claim
• The damages you are seeking
• Facts showing the defendant’s responsibility

Complaints are filed in:

• State Court or Superior Court (for larger claims)
• Magistrate’s Court (for claims under $15,000)

Filing Fees

Fees vary by court and claim size, typically between $50 and $300.

Service of Process

You must formally notify the defendant of the lawsuit through “service of process.” This includes:

• A copy of the complaint
• A court-issued summons

Only a neutral third party—such as a sheriff, professional process server, or a court-authorized adult—may serve process.

Statute of Limitations in Georgia Personal Injury Cases

In most Georgia personal injury cases, the statute of limitations is two years from the date of injury. By that deadline, you must:

• Settle your claim, or
• File a lawsuit and make a good-faith effort to serve the defendant

If you miss the deadline, the court will dismiss your case, and the defendant will have no obligation to negotiate a settlement.

Note: A defendant cannot escape liability by deliberately evading service.

The Defendant’s Answer

Once served, the defendant has 30 days to file a written response. If they fail to respond, the court may enter a default judgment in your favor.

If the defendant files an answer, the case proceeds to pretrial discovery, where both sides gather evidence and prepare for negotiation or trial.

How a Georgia Personal Injury Lawyer Can Help

If your injuries are serious or the value of your claim is high, legal representation is essential. The personal injury attorneys at Lawson Personal Injury Attorneys can help you:

• Determine whether to file a claim or lawsuit
• Calculate the full value of your damages
• Negotiate with insurers
• File all legal documents accurately and on time
• Represent you in court if necessary

You only pay legal fees if we win your case. We offer free consultations, and we’re ready to help you protect your rights and pursue the compensation you deserve.

Call (678) 446-3655 today to speak with an experienced personal injury attorney in Georgia.