Filing a Claim vs. Filing an Action

There are technical differences between filing an action and filing a claim. Filing a claim is typically something someone does with another private entity such as an insurance company, against a private person, or against a non-insurance entity. It is not the same thing as filing a lawsuit. When a person files a claim, they may have an opportunity to work out the differences with the opposing party without impacting the legal status of the claim. In contrast, filing a lawsuit means there is an actual request for the court to take action to hold someone accountable for their actions. It is regarded as a more formal process that typically is completed in writing.

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Common Process of Filing a Claim

The process of filing a McKinney car accident claim is fairly straightforward. An injured party and their legal counsel typically need to determine what entity the claim is going to be directed toward and need to obtain a claim number. The claim number helps them track the individual file as the process advances. Additionally, whoever is evaluating that claim needs to figure out the severity of the claim, extent of the injuries, strength of the evidence, and identify the defendant. A claim also typically requires relevant contact information, as well as compelling evidence.

This is fulfilled through a settlement package, which explains why the person or entity is responsible for this incident and lists the evidence attributed to the alleged incident. Furthermore, the settlement package generally will detail the injured person’s medical issues that have been caused, what loss of earning capacity has occurred, and any other elements of damage. The package also includes a response deadline for the opposing party. In some settlement packages, a specific dollar amount may be requested, while in others the exact amount may be negotiated.

Completing a Car Collision Lawsuit

There is not a requirement that once an action has been filed, a person needs to continue that action. It is typically up to the person who brings the action whether they want to proceed with the case. An injured person generally has the option to dismiss the case at any time. However, there are some cases where counterclaims are issued against the injured individual and this could keep an injured person involved in the case. Sometimes the at-fault person will file a counterclaim specifically to keep the injured individual from dismissing the case and filing it in another, less strict, venue or another jurisdiction. The opposing party may want to keep the lawsuit in a certain jurisdiction to potentially mitigate their losses.

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Contact a Knowledgeable Attorney About Filing a Car Accident Claim in McKinney

If you sustained injuries and property damage that have significantly reduced your health and livelihood, consider speaking with a qualified car accident lawyer. They could explain the benefits of filing a McKinney car accident claim and help advocate on your behalf. Car accidents can be costly, but an adept car wreck lawyer could help recover the much-needed compensation. Reach out and set up a time to begin reviewing your potential legal options.

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Get The Help You Need Contact McCraw Law Group

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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