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

In the state of Virginia, a claim and a lawsuit are distinct legal proceedings in a catastrophic injury case. A claim is an initial request made by the injured party to an insurance company for compensation for the damages sustained as a result of the catastrophic injury. The purpose of the claim is to negotiate a settlement amount with the insurance company without having to file a lawsuit in court. A lawsuit is an official complaint that is filed in the court to seek justice. It is only necessary if an agreement cannot be reached with the insurance company after a claim has been submitted. The injured party must prove their case in court and the burden of proof rests on them. The lawsuit will often require the involvement of expert witnesses, additional documents, and may require a longer period of time. If the injured party is successful, they may receive compensation to cover expenses from the catastrophic injury. Overall, the main difference between a claim and a lawsuit in a catastrophic injury case is that a claim is an initial request made to the insurance company and a lawsuit is a formal complaint filed in court. A claim is a more informal option than opting to file a lawsuit, which has the potential to provide more substantial compensation for the injured party.

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

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