What is the difference between a claim and a lawsuit in a catastrophic injury case?
In the context of catastrophic injury cases, the terms "claim" and "lawsuit" can often be confused. Generally speaking, a claim is a demand for compensation for damages due to an injury, while a lawsuit is a legal process used to resolve disputes and seek relief or compensation for those damages. A claim is the first step in a catastrophic injury case. It is the initial formal request for compensation or reparations due to the resulting damages from an injury. This request is usually made to the responsible party or their insurance company seeking to recover costs associated with medical bills, lost wages, and pain and suffering. Depending on the response from the responsible party, the injured party may decide to move forward with a lawsuit. A lawsuit, or litigation, is the formal process where the two parties dispute the damages and attempt to reach a resolution. During litigation, the injured party will present evidence proving the fault of the responsible party and their right to compensation for the damages. In Texas, the lawsuit is typically tried before a jury in a court of law. If the jury finds the responsible party liable for the damages, they will award the injured party an appropriate amount of compensation. In summary, a claim is the request for damages in a catastrophic injury case, while a lawsuit is the legal process used to resolve the dispute between the two parties and reach a resolution.
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