What's the Difference Between a Case and a Claim?

Clients often get confused between cases and claims. Claims are nothing more than an open issue between a victim and a perpetrator. These parties are often referred to a 1st party and 3rd party—the 3rd party is the bad guy, or as the law labels them, “the tortfeasor.” Often times claims are made with insurance companies, but claims can be made with individuals and/or corporations.

Cases, on the other hand, are claims that do not meet resolution, and actually have a lawsuit filed. Once a claim becomes a lawsuit, the parties are referred to as Plaintiffs and Defendants. The work that goes into cases is called litigation. Litigation basically has three stages: the complaint and answer stage, the discovery stage, and the trial stage. Many attorneys are not skilled in litigation. The attorneys at Benson and Bingham have filed thousands of lawsuits to protect the interests of their clients. Call today if you need to file a lawsuit. Be aware that in Nevada a lawsuit must be filed within two years of an accident or the claim is barred!