What is the difference between a claim and a lawsuit in a catastrophic injury case?

In a catastrophic injury case in California, a claim and a lawsuit have two distinct meanings. A claim is a request for compensation that is made to an insurance company or other person who may be responsible for the injuries. This can be done informally, such as making a phone call, or formally, such as filing an insurance claim form. A lawsuit, however, is a formal legal process that is filed in court. It involves filing paperwork and attending hearings to present and defend one’s case. A claim is generally resolved without going to court, while a lawsuit is a court-based process. A claim is usually settled by informal negotiations between the injured person and the responsible party. A lawsuit, however, is decided through the court system by a judge or jury, who will determine liability and the amount of damages to be paid. In some cases, an injured person may file both a claim and a lawsuit. This may be done if the claim is denied or if the responsible party does not offer an acceptable settlement amount. Filing a lawsuit in these circumstances is the only way to ensure that the injured person receives compensation for their injury. In other cases, a claim may be withdrawn if it is favourable to both parties. In a catastrophic injury case in California, it is important to understand the difference between a claim and a lawsuit. By knowing the distinction, an injured person can make an informed decision about how they should proceed in order to receive fair and just compensation for their injury.

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