During the 18th and 19th centuries, it was common for lawyers to speak of bringing an "action" at law and a "suit" in equity. The fusion of common law and equity in England in the Judicature Acts of 1873 and 1875 led to the collapse of that distinction, so it became possible to speak of a "lawsuit". In the United States, the Federal Rules of Civil Procedure (1938) abolished the distinction between actions at law and suits in equity in federal practice, in favor of a single form referred to as a "civil action."
It is a civil action brought before a court of law in which a plaintiff, a party who claims to have received damages from a defendant's actions, seeks a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment will be given in the plaintiff's favor, and a range of court orders may be issued to enforce a right, award damages, or impose an injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.
American terminology is slightly different, in that the term "claim" refers only to a particular count (or cause of action) in a lawsuit. Americans also use "claim" to describe a demand filed with an insurer or administrative agency. If the claim is denied, then the claimant (or policyholder or applicant) files a lawsuit with the courts and becomes a plaintiff.
In medieval times, both "action" and "suit" had the approximate meaning of some kind of legal proceeding, but an action terminated when a judgment was rendered, while a suit also included the execution of the judgment
In accident lawsuit go to a jury trial requires both mental and physical preparations. For starters, you and your accident lawyer are going to need to present the court evidence of the car accident, evidence that it was the fault for whatever reason of the other driver, and evidence of your injuries.
Ironically, presenting evidence of your injuries may very well be the most difficult part of the entire lawsuit. It is not unheard of for an individual to be in a car accident and pretend that they acquired an injury that they did not legitimately receive.
Your car accident lawyer has probably recommended that you get a bare minimum of two doctors' opinions, with the more comfortable number being three or four. If you have received three or four doctors' opinions that your injury was sustained in the car accident and that your prognosis is consistent across the board, your lawyer will have a much easier time presenting your case in court.
While preparing for your lawsuit, your lawyer is going to bring in any eye witnesses for a deposition. A deposition is simply the witness telling the story of what they observed just prior to, at the time of, and just after the car accident. Your car accident lawyer will ask them a series of questions and then ask for their cooperation in participating in the lawsuit.
Most of the time, witnesses agree, especially if the car accident was particularly foolish, outlandish, or horrific. While your lawyer is deposing the witnesses, the other side is doing the exact same thing. They are hoping to find small holes in their stories or other ways of discussing what they believe the witnesses are saying. This is not illegal; it is considered a game of semantics. Your lawyer is prepared for these semantics and will be able to deal with them when the lawsuit goes to court.
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