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What is the Different Between Personal Injury Claims and Lawsuits?

Q. What is the difference between a Kentucky personal injury claim and a Kentucky personal injury lawsuit?

A. A personal injury claim arises in Kentucky when someone is injured as a result of another person's negligence, carelessness or recklessness. The injury can also be caused by an entity like a corporation or a business. A claim can then be pursued against the responsible party and/or the responsible party's insurance carrier. If the Kentucky personal injury claim is "settled" or resolved by agreement, the personal injury claim is completed when the responsible person or company pays an agreed upon amount of money and when the injured party signs a release.

If the injured person and the negligent, reckless or otherwise responsible party cannot agree, then often a lawsuit is filed. A Kentucky personal injury lawsuit is filed to seek compensation for the damages that were suffered as a result of the other person or company's negligence or recklessness.

In Kentucky there are also specific statutes of limitations and/or other filing/timing requirements. These deadlines mandate that a lawsuit be filed if a personal injury claim is not resolved within a prescribed period of time.