Do you know the difference between an auto accident lawsuit and a insurance claim? Many find them confusing and may mistake one for the other. With either a claim or a lawsuit, the main similarity is that they both tend to recover compensation in order to cover the damages that were done due to an automobile accident.
A vehicle accident claim may be a choice for someone who may have been in an accident and the insurance service has been called as a result. When the insurance company is called, the main goal is to collect on benefits that the car owner has been paying for as long as they had the policy. If any negotiations are going to take place, they typically occur between the adjusters for each insurance company involved.
A lawsuit is a legal action that can occur in a civil court. The plaintiff is the person that filed the personal injury lawsuit, and he/she will attempt to get the payment from the defendant, or the at-fault party that is being sued.
Filing a Complaint
Filing the complaint is the first act to a lawsuit. This complaint is filed with the courts. A complaint is the document that will explain what happened, the damages that occurred as a result, and the reason why the lawsuit needs to occur. Once the paperwork has been officially filed, the lawsuit has begun officially.
Defendant is Served a Complaint
Once the paperwork has been filed, the next step is to officially notify the person that is being sued. That person has the right to have the information, if they did something wrong, the charges that are brought up against them and he/she should have the chance to defend him/herself in court.
When the defendant needs to be informed officially, they are” served” official papers. This paper will tell them about the claim and summon them to appear in court. There are rules and regulations in effect for individuals to be served, where they are served, and how. The plaintiff has thirty days to give the complaint to the defendant before the court date, however, this date can be extended in most cases.
Filing of an Answer by Defendant
Once the defendant is served officially, he or she will have a chance to respond to the allegations that are listed in the complaint.
Discovery is the process where both parties agree to exchange information that is relevant to the accident. The main purpose of the discovery is to give each person the opportunity to see all the facts before the case goes to trial. This will also give each person time to build evidence as well as arguments.
Once the discovery part is over, each side will be given the opportunity to present their side of the case to the court. In fact, this is part of the process of a trial. During a trial, the plaintiff and defendant will have the opportunity to make opening statements, present any evidence, cross-examine the plaintiff’s witnesses, and give closing statements.
Once the closing statements are complete, the jury, and in some cases the judge, will retire to a room to deliberate and then reach a verdict that will find either the defendant or the plaintiff as the one who is right.
It helps to have good Personal Injury Lawyer in Cambridge in your corner that can help you win the entitled damages.