The Difference Between a Claim and a Lawsuit in Michigan Personal Injury Cases

After an accident, it’s normal to feel confused about the legal process. One of the most common questions we hear from clients is:

“What’s the difference between filing a claim and filing a lawsuit?”

While the two terms are often used interchangeably, they mean very different things — and understanding the difference can help you know what to expect as your case moves forward.

At Marienfeld Law PLLC, we believe every client deserves clarity, not confusion. Here’s a straightforward look at how the process works in Michigan.

What Is a Personal Injury Claim?

A claim is your first step after an accident. It’s made directly to the insurance company — usually your own or the at-fault party’s — to seek compensation for your injuries and damages.

The goal of a claim is to reach a settlement without going to court.

When you or your attorney file a claim, it typically involves:

• Submitting documentation of the accident and injuries

• Providing medical records and bills

• Demonstrating how the other party was at fault

• Negotiating with the insurance adjuster for a fair payout

If negotiations go well, your case can end here — with a settlement that covers medical costs, lost wages, pain and suffering, and other expenses.

However, if the insurance company refuses to offer fair compensation, it may be time to take the next step.

What Is a Personal Injury Lawsuit?

A lawsuit begins when negotiations fail and your attorney formally files a case in Michigan civil court.

The purpose of a lawsuit is to ask a judge or jury to decide the outcome when the insurance company won’t agree to a reasonable settlement.

A lawsuit typically involves:

• Filing a legal complaint outlining your injuries and damages

• The insurance company (through its lawyers) filing a response

• Discovery — where both sides exchange evidence, documents, and testimony

• Mediation or settlement discussions before trial

• A potential trial if no agreement is reached

While many cases still settle during this process, filing a lawsuit shows the insurance company you’re serious about pursuing full compensation.

Which One Is Right for You?

Most personal injury cases in Michigan start as claims, not lawsuits. It’s only when insurers deny, delay, or undervalue a claim that a lawsuit becomes necessary.

The good news? You don’t have to decide this alone. An experienced attorney can help you determine whether a claim or lawsuit is the right move — and when to escalate.

How Marienfeld Law PLLC Can Help

At Marienfeld Law, we guide clients through both stages of the process — from the first claim to the courtroom if needed. We handle communication with insurance companies, gather the evidence you need, and fight for full and fair compensation.

Our goal is simple: to help you recover, rebuild, and move forward with confidence.

If you’ve been injured in Michigan, contact Marienfeld Law PLLC today for a free consultation. We’ll review your case, explain your options, and help you take the next right step — whether that’s filing a claim or pursuing a lawsuit.