How Does An Insurance Claim For A Personal Injury Differ From A Personal Injury Lawsuit?

Ideally, when an insured motorist gets injured in a car accident, then he or she has the ability to make an insurance claim and obtain the desired compensation. Sometimes, though, that claimant and the responsible party do not reach an agreement. That can force the claimant to file a personal injury lawsuit.

3 Possible results from a personal injury claim

If the responsible party has purchased insurance coverage, then that same party’s insurance company must provide compensation for any damages or injuries. The disputing parties negotiate until they agree on a settlement figure.

If the responsible party has failed to buy any automobile insurance, then the injured driver must find out if that uninsured driver has any assets. If that same driver has no assets, then the insured driver cannot obtain a fair compensation. Sometimes, the negotiations pursued by 2 disputing parties do not lead to an agreement. When that is the case, the claimant has the right to file a lawsuit.

Steps involved in pursuing a lawsuit

The claimant stands ready to become a plaintiff. The plaintiff hires a Personal Injury Lawyer in Mississauga. The lawyer and client send the defendant a complaint and a summons. This differs from the demand letter, which the claimant has sent earlier.

Unless the two sides decide to continue negotiating, both parties meet at a discovery session. There each party shares its evidence with the opposing side. In addition, the lawyers for both sides interview selected witnesses.

If the discovery session does not encourage creation of a settlement, a trial gets scheduled, and a jury is selected. At the trial the lawyers for both parties present opening statements and then question witnesses. Before the jury deliberates, it hears the lawyers’ closing arguments. After its deliberations, the jury provides the judge with its decision.

The dual purpose to filing a lawsuit

Performance of that action allows the former claimant to sue the defendant, and to face that same individual in a courtroom. Yet it does not obligate the filer (the former claimant) to take the defendant to court.

The 2 parties have the right to settle their dispute in a less-confrontational way. If both sides were in agreement, they could meet at a mediation session. Yet the defendant would know that in the absence of a mediated agreement, the plaintiff could decide to move forward with the lawsuit, and to arrange for a trial.

In that way, the plaintiff should enjoy a larger level of support for his or her argument. After all, no court system would agree to file a lawsuit if it felt that the plaintiff was trying to obtain money by forcing the legal system to deal with a frivolous case.

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