Claim Vs. Lawsuit
When you have a legal issue, you’ll encounter many new words and phrases. For example, the dispute itself might be described using a number of terms, including “case,” “claim,” or “lawsuit.” However, there are subtle differences among these terms. Understanding these differences can help you navigate the legal process and assert your rights.
Personal Injury Claims
The word “claim” can have many meanings depending on the context. Broadly, a claim is a legal demand or assertion of wrongdoing based on specific rights. For example, if you enter into a contract to sell your car for $1,000, you have a claim for payment when you deliver the vehicle. In this case, your claim is based on the buyer’s promise to pay.
Personal injury claims hinge on the relationship and actions of the parties involved. When you suffer an injury due to the actions of a person or entity, you may have a legal right to seek repayment for your resulting losses. In other words, you may have a claim for compensation.
There are three distinct types of injury claims:
Intentional Tort Claim
An intentional tort claim arises when the other party performs a deliberate act that injures you. For example, the crime of battery occurs when someone intentionally makes harmful or offensive contact with another person. Nursing home abuse injuries and similar harms are often caused by acts of battery.
Negligence Claim
A negligence claim arises when a person or entity (such as a company) unintentionally injures you. To prove negligence, you must show that the other party owed you a duty of care because of your relationship. For example, doctors owe a duty of care to patients, and shop owners owe a duty of care to customers.
You must also demonstrate that the other party breached their duty of care by exposing you to an unreasonable risk of injury or death. For instance, a driver might breach their duty of care to a pedestrian by failing to yield to them when they’re walking in a crosswalk. If the driver causes a pedestrian accident, they will be liable for the resulting injuries.
Strict Liability Claim
Strict liability claims only occur in specific situations. Manufacturers are strictly liable for injuries caused by defective products they make. Some states impose strict liability on dog owners for bites, though North Carolina applies negligence for the dog’s first bite and strict liability only after the owner knows of the dog’s dangerous tendencies.
In a strict liability claim against a manufacturer, you only need to show that the product was defective — you don’t need to prove that the manufacturer knew about the defect or was negligent in allowing the faulty product to reach the market.
Insurance Claims
The word “claim” is also associated with insurance proceedings. When you have a compensable legal claim under an insurance policy, you can file an insurance claim to seek benefits from the insurer. The best way to explain this complex description is with an example.
Let’s say you slip and fall in a restaurant. You have evidence that another customer told a server they spilled their drink and asked them to mop it up, but the employee failed. Your personal injury lawyer believes you have a negligence claim against the restaurant for your accident.
You start your pursuit of injury compensation by filing an insurance claim with the restaurant’s business property insurer. The company assigns the claim to an adjuster, whose job it is to investigate the circumstances and determine whether the insurer is liable to you under the restaurant’s policy.
If the insurer accepts the claim, your lawyer will negotiate a fair settlement amount with the adjuster. If the insurer denies the claim, you can challenge the denial or take your dispute to court.
Lawsuits
You can make a legal claim in court by filing a formal lawsuit. This process involves going through the courts to resolve your legal dispute using defined rules and procedures. A court will hear evidence from both parties to the lawsuit and decide which of them is right.
You initiate a lawsuit by filing a complaint that contains the basis for the dispute and a request for compensation. Confusingly, these parts of the complaint are known as “claims.” However, this term is used in a much narrower sense. This type of claim outlines the facts and applicable laws that make the other party liable to you.
For example, you might include a claim in a car accident lawsuit that states the following:
- The other party ran a red light.
- Running red lights constitutes negligence.
- The driver’s negligence resulted in medical bills, lost earnings, and pain and suffering.
The complaint would then request monetary damages in an amount you and your lawyer deem reasonable to compensate you for these losses.
Learn More About Claims And Lawsuits
An experienced injury lawyer can help you understand different types of legal claims and how to bring them against negligent or malicious actors. Contact Chandler Volta Personal Injury Lawyers for a free consultation with a Charlotte personal injury attorney at (704) 980-9999. We’ll discuss your accident and how we can help you pursue compensation for your resulting losses.