What Is the Difference Between Filing a Claim, Filing a Lawsuit, and Going to Trial?

If you’ve been in an accident in Louisiana, you may wonder how the legal process works. You might have heard terms like filing a claim, filing a lawsuit, or going to trial. These steps are different, but they connect. Knowing the difference helps you protect your rights and get fair compensation.

Filing a claim is requesting compensation from an insurer. Filing a lawsuit (or “filing suit”) means taking legal action when a claim isn’t resolved. Going to trial or “going to court” happens if the lawsuit can’t be settled, requiring a judge or jury to decide the outcome.

Here, we explain each step and why having Louisiana personal injury attorneys ready to fight matters, even if your case settles early.

What Does “Filing a Claim” Mean?

Filing a claim means you ask an insurance company to pay you for your losses: medical bills, lost wages, vehicle damage, and pain and suffering. It begins soon after your accident. You notify the insurer, give your information, and explain your losses. This claim can be with your own insurer or with the at-fault party’s insurer.

• No court required. It’s paperwork, phone calls, and negotiations.
• Collect evidence early. Document your injury, get medical tests, and keep receipts. Don’t wait, insurers start preparing early, and you should too. Critical evidence like video surveillance can be deleted or recorded over in just days, so acting fast is essential.
• Insurance adjusters work fast. Their focus is on saving money, not helping you recover fully. They know injured people often rush to accept the first offer. They will push you to sign a settlement release quickly.

At LJBLegal, we start work the day you call. We gather your evidence and show insurers we’re ready for court.

Filing a claim is the first step and is different from filing a lawsuit. While the statute of limitations allows more time to file a lawsuit, you want to file a claim as soon as possible. If you do not receive a fair offer from the insurance company after filing your claim, you will need to file a lawsuit.

What Is “Filing a Lawsuit”?

Filing a lawsuit means you file formal documents in court asking a judge to resolve your dispute. This happens when negotiations don’t lead to a fair settlement or insurance companies ignore your evidence. This is also known as “litigation.”

Many cases settle before the litigation stage. But if you don’t receive a fair offer, it’s a key step. However, it doesn’t mean you’re going to trial right away.

• You file a petition in civil court. That document lays out who’s harmed, what happened, and how much you demand.
• The defendant has time to answer. They must respond within a set period (often 30 days in Louisiana court).
• Discovery follows. Both sides exchange evidence, medical records, witness statements, and expert reports. This process prepares everyone for trial if negotiations still fail.
• Most cases settle after filing suit. But the shift to court-level process shows you’re serious. Insurers respect that.

You don’t always have to file a lawsuit. However, insurance companies know most victims will never file suit and take advantage. When they see you will, and that you have a lawyer who won’t back down, settlement negotiations can go differently. At LJBLegal, our attorneys file suit and keep pushing when it’s needed. That gives you space to settle fairly or be ready to fight in court.

What Does “Going to Trial” or “Going to Court” Mean?

Going to trial means presenting your case in front of a judge, or sometimes a jury, where both sides call witnesses, show evidence, and make arguments. The judge or jury decides the facts and awards money if they find in your favor.

• It’s a full legal presentation. You’ll have opening statements, witness testimony, expert opinions, and closing arguments.
• It generally happens only if you can’t settle. Most injury lawsuits settle before trial. But a trial is an option if settlement talks stall or the insurer undervalues your case.
• It takes time and cost. Trials involve court fees, attorney fees, and preparation. But sometimes the insurer changes position only when a case goes to trial.
• Being trial-ready gives leverage. Even if you settle, insurers take you more seriously when they know you and your lawyers are ready to go all the way.

How Do These Three Steps Fit Together?

The steps form a legal timeline:

1. Claim: You notify insurance, provide documentation, and ask for money.
2. Negotiation: You work with the insurer to agree on a fair amount.
3. Filing suit: If negotiations stall, you give notice you’ll litigate.
4. Discovery: Investigation and exchange of evidence begin in court.
5. Settlement talks or mediation: Often happens during or after discovery.
6. Trial: If talks fail, you present your case to a judge or jury.

At each step, leverage matters. Waiting to file suit weakens your position. Starting suit early shows you won’t be swayed by low offers. That helps you get a strong settlement or win in court.

But I’m Not the Type to Sue

Many people feel unsure about filing a lawsuit. You might say, “I’m not the type to sue,” and that’s okay. Most people don’t want to file a lawsuit or go to court. They just want to recover, get their bills paid, and move forward. Filing a claim or a lawsuit doesn’t make you the type to sue, it makes you someone standing up for what’s fair.

For many families, that means taking care of your loved ones and protecting their futures. You’ve done the right thing, working hard, paying your insurance premiums, and following the rules. Now the insurance company needs to do the right thing too: fairly cover what you’ve lost.

Insurance companies are businesses. Their goal is to pay as little as possible. When they know you won’t sue, they take advantage. They’ve spent millions vilifying attorneys and “sue-happy” people. Filing a claim isn’t about being aggressive or taking advantage. It’s about making sure your voice is heard and your injuries are taken seriously. It sends a message. You deserve more than a quick lowball payout. And if the insurance company isn’t willing to make a fair offer, then filing a lawsuit is the next step in the process. If they still won’t uphold their obligations, going to court is the final step.

At LJBLegal, we respect your values. We won’t push you into trial if it’s not right for you. But we’ll file suit if the insurer doesn’t treat you fairly, and we’ll guide you every step of the way. Being prepared doesn’t mean you have to go to court. It means you have options, and that’s power.

Why Is Being “Trial-Ready” So Important?

Insurance companies look for signs you’ll stop pushing early. They know many lawyers settle quickly, ready to move on to the next case. A trial-ready firm shows the insurer you’re prepared for the long haul. That means they’re more likely to settle fairly rather than test your limits.

LJBLegal combines empathy with toughness. We gather records fast, build a strong case, and stay ready for anything. That means you get the highest possible settlement without unnecessary delay, and court is always on the table if they don’t negotiate in good faith.

What Happens if You’re Not Trial-Ready?

• Insurance delays you and makes unfair offers.
• Your case grows weaker if you delay filing suit, including lost witnesses, fading evidence, and deleted photos.
• You risk running out of time: In Louisiana, you must file suit within two years of the accident.

Waiting until the last minute hurts your case. Insurers don’t wait, and you shouldn’t either.

What Is Louisiana’s Statute of Limitations?

In Louisiana, you have two years from the accident date to file a lawsuit. That’s the deadline before the court may reject your case entirely. It’s called the statute of limitations or prescriptive period.

Two years goes fast when you’re dealing with insurance companies that move from day 1.

But you can’t wait two years to start gathering evidence or file a claim. Insurance company teams are preparing from day 1. They may inspect vehicles, interview witnesses, and build defenses. You need to do the same.

• Immediate action matters: Call doctors, get medical records, collect evidence, photograph the scene, and talk to witnesses.
• Filing a claim early puts pressure on the insurer to respond.
• Filing a lawsuit within two years preserves your rights and shows you won’t wait out the clock.

At LJBLegal, we guide you through each step. That means you stay in control and stay ahead of the defense.

Even if you’re in settlement talks, if the “prescriptive period” of two years ends, you lose rights to any compensation forever. Insurance companies are known to string you along in an attempt to run out the clock.

What If You Settle Before Trial?

Settling before trial is common. Most cases do end here. But there’s a big difference between a fair outcome and a quick offer. Firms that accept the first offer often leave money on the table.

• We review your medical expenses and future needs. Getting compensation for future treatment and loss of quality of life matters.
• We negotiate as long as needed. That might mean filing suit to get reasonable offers.
• We explain risks and benefits: You’ll know what a settlement value might be versus a potential trial award.

This method earns victims more money and more peace of mind. Settling too early means settling for less.

What If You Go to Court and Lose?

Going to trial has risks. The judge or jury could decide against you. You might also face court costs. Still, having the option matters:

• It pushes the insurer to offer fair value.
• You keep your rights: You can appeal a trial verdict or challenge court decisions.
• You have your day in court: Some people want to be heard publicly by a jury.

No outcome is risk‑free, but not pursuing court when your case deserves it carries a risk as well. You may settle for far less than fairness demands.

Our attorneys weigh your best path, but always keep court as a strong option. We are always open and transparent with our clients about the pros and cons of each approach, so you can make informed decisions every step of the way.

Do Attorney Fees Increase If a Case Goes to Court?

At many law firms, attorney fees increase once a case enters litigation or goes to trial. These firms often charge a higher percentage for litigation. This can come as a surprise when the fee agreement changes mid-case. This can create a financial incentive for the attorneys that may not align with the client’s best interests.

• Higher fees during litigation: Many firms increase their contingency fee percentage once they file a lawsuit or prepare for trial.
• Tiered fee structures are common: Some attorneys charge more depending on whether your case settles early or goes all the way to court.

At LJBLegal, our percentage fee does NOT increase if your case moves into litigation or trial. We believe you shouldn’t be penalized for standing firm. However, it’s important to know that while our fee stays the same, going to court will increase your case-related costs, such as court filing fees, expert witness fees, or deposition expenses.

Our goal is always to work in the best interests of our client. Sometimes that means negotiating a fair settlement; other times, it means filing suit and preparing for trial. We are always open and transparent with our clients about the pros and cons of each approach, so you can make informed decisions every step of the way.

For more information about how fees and costs work, see our FAQ on personal injury lawyer fees and costs in Louisiana.

How Do I Choose the Right Firm?

You want a firm that:

• Prepares early and educates you on your rights
• Fights insurers by filing suit when needed
• Negotiates hard, not fast
• Cares about your recovery and future
• Has trial experience and is ready to use it

LJBLegal stands out because we combine compassion, experience, and toughness. We help you settle when possible. And we don’t back down if you need a fight. We respect that your case matters to you and to us.

If your lawyer doesn’t talk about filing suit or preparing for court, they may be a settlement mill. Ask directly: “Will you file suit if the offer isn’t fair?”

What Can I Do Right Now?

1. Call a firm that will act fast. Don’t wait weeks. Evidence fades, witnesses move on.
2. Start your claim immediately. Contact insurers, focus on doctors, gather records.
3. Know your timeline. You have two years. But waiting hurts. Start disaster recovery today.
4. Stay informed: Ask questions, get updates from your attorneys, and know your options.

You don’t have to face insurance alone. You deserve lawyers who care about your life, fight for your rights, and prepare for court, even when court isn’t your first move.

Ready to Talk?

If you’ve been injured and want legal guidance from a team that puts your best interests first, call LJBLegal today. We’ll answer your questions, explain your options, and help you take the next step with confidence.

Call us now at 985-240-9773 for a free, no-obligation consultation.