Is there a legal difference between personal injury claims and personal injury lawsuits?

When a victim has been injured in an accident caused by another party or parties, they are legally entitled to pursue damages for financial compensation for the losses their injuries have caused. Many people use the phrases personal injury claim and personal injury lawsuit interchangeably, however, there are differences, including:

Personal injury lawsuits have strict deadlines for filing. In Virginia, the statute of limitations is two years from the date of injury. In North Carolina, the statute of limitations is three years.  

A personal injury lawsuit has stringent requirements for the proper paperwork. A personal injury attorney will file a complaint and summons in the civil court which has jurisdiction over the case. The summons is a notice for the at-fault party to appear in court and respond to the victim’s complaint. These documents must be “served” on the defendant according to the laws of that jurisdiction.

 

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·       Should a Victim Take a Personal Injury Settlement?

 

 

Richard N. Shapiro
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Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia