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What’s the difference between a claim and a lawsuit? – Herschensohn Law Firm

This transcript was auto-populated.

Transcript:
00:00
If you've been in a car accident or any kind of accident where there is insurance coverage available, a claim is you giving notice to an insurance carrier that you have been injured and you have damages and you want to make a claim against the insurance company. You

00:19
can make a claim against anyone or any entity. Doesn't have to be insurance. And a claim is just an allegation that you're injured. A lawsuit is uh a lawsuit. So again um that is a formal initiation of a formal to go to court, argue your case to a judge and jury and get a uh verdict first then get a

00:46
judgment. And then with a judgment you can then collect money from the entity that you're suing. The insurance carrier that is providing coverage for that event will then be obligated to pay the amount of the judgment up to the amount of their coverages that they provided

01:06
for the casualty. So that's the difference between a claim and a lawsuit.

Video: https://youtu.be/PFrJMBWfdd0
This transcript was auto-populated.

Transcript:
00:00
There is a process for suing both state and federal entities. If you're suing a federal agency, and sometimes this can be a little bit different depending on the type of agency that you're suing against, but generally speaking, you're going to have to file under the Federal

00:15
Tour Claims Act. Pretty complicated process, but you have to first file a Federal TOR claim. They have to go through their initial administrative process, give the federal agency an opportunity to settle, and then when they turn that down, you're then eligible to then file a lawsuit against

00:33
the federal agency. That's the federal agency. And I'm simplifying that process. You have to file that. Then you have to wait 60 days before you can file a formal complaint. And the complaint is what's used to initiate a lawsuit. The standard tour claim form is just a brief

00:51
summary of the facts that you contend give give rise to an allegation of damages. And then you have to include any documents that you believe support your claim for damages or not. Um and usually the standard to claim form is both a prerequisite filing before you can file a lawsuit and also an

01:12
invitation for that state agency to engage in settlement negotiations. So that's the process for suing a state agency or a federal agency.

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19219 68th Ave S Suite M-101
Kent, WA 98032
301 E 2nd Ave Suite 201
Ellensburg, WA 98926
21916 Meridian Ave E
Graham, WA 98338
1918 1st Ave N
Seattle, WA 98109
1357 NW Louisiana Ave
Chehalis, WA 98532

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  • About Us
    • Our Firm
    • Results
    • Community Involvement
  • Our Team
    • Attorney Zach Herschensohn
    • Attorney Robert Fulton
    • Attorney Chelsea Hicks
  • Practice Areas
    • Personal Injury
    • Car Accidents
    • Motorcycle Accidents
    • Pedestrian Accidents
    • Workplace Injury
      • Maritime Accidents
      • FELA Accidents
    • Slip and Falls
    • Dangerous Drugs
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