Injury Claims and Lawsuits: Top 2 Key Differences You Need to Know
Being involved in a car accident in Utah can throw you into the confusing world of insurance and legal claims. Understanding the differences between injury claims and lawsuits is crucial for getting fair compensation. Utah car accident lawyer Jake Gunter breaks down the two most significant differences to help you navigate your personal injury case effectively.
Difference #1: Compensation
One of the most significant differences between an injury insurance claim and filing a lawsuit is the level of compensation you can expect.
Why Lawsuits Often Lead to Higher Compensation
- Financial Risk for Insurance Companies: When you file a lawsuit, the insurance company faces the possibility of an excess jury verdict. This verdict may exceed the at-fault party’s insurance limits, triggering bad faith claims and punitive damages.
- Stronger Negotiating Power: Filing a lawsuit demonstrates you’re serious about your case, often resulting in more fair and reasonable settlement offers.
- The Role of Your Attorney: If you handle your injury claim without an attorney or hire an attorney who avoids lawsuits, insurance companies may offer lower settlements. They know you lack the leverage that comes with the threat of effective litigation.
Hiring a trial lawyer like Jake Gunter, who has a reputation for taking cases to trial, significantly increases your chances of obtaining a better settlement. Insurance companies are more likely to offer higher compensation when they know the lawyer on your side is prepared to go to court.

Difference #2: Timeline
Filing a lawsuit can be a lengthy process, especially in today’s post-COVID trial environment.
How Lawsuits Impact the Timeline
- Automatic Deadlines: When you file a lawsuit, Utah Rules of Civil Procedure establish specific timelines for discovery, motions, and trial preparation.
- Trial Delays: Currently, getting a jury trial setting in Utah can take up to two years.
- Faster Settlements Without Lawsuits: Resolving an injury insurance claim without filing a lawsuit is usually quicker, but you may sacrifice a significant portion of the compensation you deserve.
While filing a lawsuit takes longer, it often results in a better settlement. For clients willing to wait, the outcome can be well worth the time investment.
Why You Need a Trial Lawyer for Injury Claims and Lawsuits
When choosing an attorney to handle your injury claim, it’s vital to hire someone who regularly takes cases to jury trials.
The Difference a Trial Lawyer Makes
- Higher Settlements: Insurance companies know which attorneys will take cases to trial and which ones always settle. They offer higher settlements to attorneys with a track record of trying cases.
- Better Results: Trial lawyers like Jake Gunter are skilled in courtroom advocacy, ensuring the best possible outcome for their clients.
If your attorney isn’t willing to go the distance, the insurance company has little incentive to offer you top-dollar compensation. Jake Gunter’s 20 years of courtroom experience and dedication to his clients make him a powerful ally in personal injury cases.
Call/Text Utah Car Accident Lawyer Jake Gunter Today
If you’ve been injured in a car accident, understanding the nuances of injury claims and lawsuits is essential. Call or text Jake Gunter at (801) 373-6345 to schedule a free consultation. With over 20 years of experience, Jake Gunter will fight to secure the compensation you deserve.
FAQs on Injury Claims and Lawsuits 
Q1: What is the difference between an injury claim and a lawsuit?
A1: An injury claim is negotiated directly with the insurance company, while a lawsuit involves filing a legal case in court. Lawsuits often result in higher compensation but take longer to resolve.
Q2: Why do lawsuits lead to better settlements?
A2: Lawsuits create financial risk for insurance companies, making them more likely to offer fair compensation to avoid a costly trial.
Q3: How long does it take to resolve an injury lawsuit?
A3: Due to current delays, a lawsuit in Utah can take up to two years to reach a jury trial. However, many cases settle before reaching trial.
Q4: Do I need a lawyer to file a lawsuit?
A4: Yes, having an experienced trial lawyer like Jake Gunter is crucial for navigating the legal process and securing maximum compensation.
Q5: How can I decide whether to settle my claim or file a lawsuit?
A5: An experienced attorney can evaluate your case and recommend the best course of action based on your unique circumstances.