What is the difference between a personal injury claim and a lawsuit?
A personal injury claim and a lawsuit are two very different processes that can be used to pursue damages after an injury caused by the negligence of another person or entity. A personal injury claim is an out-of-court process that is usually used to settle disputes without the need to go to court. In a personal injury claim, the injured party (the plaintiff) pursues a damages award by presenting evidence of their injury, the other party’s negligence, and the dollar amount they seek in damages. The other party (the defendant) then submits a counteroffer that is negotiated until an agreement is reached. A lawsuit is a more formal process that may be necessary when negotiations between the parties do not lead to a settlement. In a lawsuit, the plaintiff must file a complaint in civil court and then the defendant is served with a summons and complaint. Both parties must then exchange evidence and provide testimony during the process, which can last for months or even years. Ultimately, the decision about who is responsible for the injury and who will receive damages will be made by a judge or jury in a civil court. The choice of whether to use a personal injury claim or a lawsuit to seek damages depends on the situation and the parties involved. Both processes can be complex and it is important to speak to an experienced attorney who can evaluate the case and provide advice on the best course of action.
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