A claim and a lawsuit are not the same, but they are not completely separate. Almost all lawsuits start as claims, but many claims never mature into lawsuits because the parties settle the dispute out of court. A personal injury claim demands compensation from someone who asserts they suffered injury due to another party’s misconduct.
What is a Claim?
A personal injury claim demands compensation for someone who asserts they suffered injury due to another party’s misconduct. Car accidents, slip and fall accidents, and dog bite cases are among the most common personal injury claims.
Insurance Claims
Insurance companies pay most personal injury claims. That doesn’t mean you won’t assert a claim against the at-fault party. It just means that you will look at an insurance policy first and file a lawsuit against the at-fault party only if the insurance is insufficient to cover the full amount of your claim.
Third-party insurance claims are common as they are claims against the at-fault party’s liability insurance policy. Such a claim is third-party because you are claiming against an insurance policy that you didn’t sign and that doesn’t mention your name. Instead, the policy protects the at-fault driver from paying a personal injury claim asserted by someone whom the policyholder injured.
Medical Liens
A medical lien is a type of claim that includes hospital liens, statutory liens, and contractual liens.
In some states, a hospital lien against a possible future personal injury settlement automatically arises when the victim of a personal injury incurs hospital bills.
This is not the case in Ohio. In Ohio, a hospital or similar medical services provider must take the initiative to file a hospital lien.
Statutory Liens
Suppose your health insurance, Medicare, Medicaid, or workers’ compensation has paid any of your hospital bills. In that case, they may have a statutory lien against the portion of your settlement that represents their payment of your hospital expenses.
Contractual Liens
Your healthcare provider might require you to sign an assignment of benefits agreement, which is a form of contractual lien. An assignment of benefits agreement represents your voluntary agreement to assign a portion of your settlement proceeds to your healthcare provider. A contractual lien is enforceable under contract law.
What Is a Lawsuit?
A personal injury lawsuit is a court-supervised process where the injury victim asks the court to force the defendant to pay them compensation. The court will hold hearings where both sides can present evidence, examine and cross-examine witnesses, and make arguments. A jury, typically consisting of eight people, typically decides on liability. Proceedings are typically open to the public.
A lawsuit proceeds in several stages–the complaint, service of process, the defendant’s answer, pretrial discovery, pretrial motions, trial, and appeal. Most lawsuits end in settlement before all of these steps are completed.
The Complaint
The complaint is a formal written document that explains why the defendant is liable. The plaintiff (typically the injured party) will file the complaint with the court clerk, along with the appropriate filing fee.
Service of Process
The plaintiff serves process on the defendant by having a neutral third party deliver a court summons and a copy of the complaint to the defendant. The purpose of the service of process is to notify the defendant of the lawsuit.
The Answer
In Ohio, the defendant typically has 28 days to file an answer to the complaint. If the defendant inexcusably fails to do so, the court can enter a default judgment in favor of the plaintiff.
Pretrial Discovery
Pretrial discovery is a court-supervised process whereby each party demands that the other side produce evidence that is in their possession. If they refuse to cooperate, the aggrieved party can ask the court to intervene with coercive measures. Pretrial discovery includes depositions, written interrogatories, demands for documents and evidence, and requests for admissions.
Pretrial Motions
A motion is a request by one of the parties for the court to do something. The parties might file many motions before a trial. A motion in limine, for example, is a request for the court to suppress certain evidence. A motion for summary judgment is a request for the judge to decide the case without a trial in favor of the party who issued the motion.
Trial
A trial consists of:
- Jury selection (voir dire),
- Opening statements by each party,
- Presentation of evidence and witnesses by both sides,
- Closing arguments,
- Jury instructions by the judge,
- Jury deliberation, and
- Verdict.
A trial can take place in a day, or (in rare cases) it can drag on for months.
Appeal
The losing party can appeal to a higher court if they have grounds for appeal.
An Ohio Personal Injury Lawyer Can Help With Your Claim or Lawsuit
Whether you seek to settle your claim with an insurance company or take it to court, don’t hesitate you reach Law Office of Michael J. Tremoulis, our top-tier personal injury lawyers will be representing you. Contact us to schedule a free consultation or call us today at (419) 404-4444 to learn more about how a skilled personal injury attorney can help with a claim or lawsuit.
