What is a Claim?
A claim is a legal action concerning physical or mental harm suffered by the plaintiff due to the defendant’s negligence. In the case of insurance claims, it is a request made by the insured to the insurance company for coverage and compensation for damage or injury. A claim is sometimes also referred to as a Cause of Action.
What is a Claim?
Cornell Law School’s Legal Information Institute defines a claim as, “a set of operative facts creating a right enforceable in court.” Making a claim is how the process of a plaintiff filing a lawsuit and eventually receiving damages from a defendant begins. A claim must be present in order for a lawsuit to go forward. If one is not present in a specific instance, then that lawsuit will be dismissed. Examples of types of claims include claims to insurance companies, personal injury claims in cases of negligence, claims on breaches of contract, property claims, and employment claims such as unpaid wages, wrongful termination, or discrimination. A defendant may make a counterclaim against the claim of a plaintiff.
Claims can sometimes be dismissed even if there is an intent to file a lawsuit. Rulings in cases such as Ashcroft v. IQBAL and Bell Atlantic v. Twombly have determined that claims need to contain important information. They must be plausible on their own and establish a likelihood of liability. This is how claims can lead to fair compensation, resolution of disputes, and protection of rights.
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What Should I Do After a Slip and Fall Accident?
Slip and fall accidents are a common occurrence that can happen to anyone, anywhere. These accidents can result in injuries ranging from minor bruises to more severe fractures and head injuries. Slip and fall accidents typically happen when a person loses their balance or traction due to hazardous conditions, such as wet floors, uneven surfaces, or inadequate lighting.
While slip and fall accidents may seem minor, they can have significant consequences, leading to physical pain, medical expenses, lost wages, and a diminished quality of life. When these accidents occur due to the negligence of property owners, it becomes a matter of premises liability, and those responsible may be held legally accountable.
Experiencing a slip and fall accident can be a jarring and disorienting event. In the aftermath of such an incident, it’s essential to take immediate action to ensure your well-being and protect your legal rights. […]
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How Much is a Slip and Fall Lawsuit Worth?
Slip and fall accidents are among the most common types of accidents that occur in various settings, from public places to private properties. While slip and fall accidents may seem minor at first, they can lead to serious injuries and have long-term consequences for the victims. Understanding the causes, consequences, and legal implications of slip and fall accidents is crucial for both individuals and establishments.
When it comes to slip and fall accidents, victims often wonder about the potential worth of their settlement. The value of a slip and fall settlement varies based on numerous factors, including the extent of the injuries, medical expenses, loss of income, and other damages suffered by the victim. While it is challenging to provide an exact figure, understanding the factors that influence the value of a slip and fall settlement can help victims have realistic expectations and seek fair compensation for their injuries
How a Slip and Fall Lawsuit Settlement is Calculated
Slip and fall accidents can result in significant injuries, […]
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How Will a Lyft Accident Lawyer Help Me?
Lyft, a popular ridesharing platform, has transformed the way people commute and travel in cities across the globe. While Lyft offers convenience and accessibility, accidents involving Lyft vehicles can still occur, resulting in injuries and property damage. Whether due to driver negligence, road hazards, or other factors, Lyft accidents can have serious consequences for passengers, pedestrians, and other motorists. Understanding the nature of Lyft accidents, their causes, and the legal considerations involved is essential for promoting safety and seeking justice in the event of an accident
Being involved in a Lyft accident can be a distressing experience, leaving you with physical injuries, emotional trauma, and financial burdens. In such challenging times, seeking the assistance of a skilled Lyft accident lawyer can make a significant difference in navigating the legal complexities and seeking the compensation you deserve. These specialized attorneys have a deep understanding of the laws and regulations governing Lyft accidents and are dedicated to protecting the rights of those injured in such incidents. […]
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What Can I Claim for a Brain Injury?
Brain injuries can have severe and long-lasting impacts on individuals and their families. These injuries can result from various incidents, including accidents, falls, medical malpractice, or sports-related incidents. Brain injury cases are complex and require specialized legal expertise to ensure that the rights and needs of the injured party are properly addressed. Understanding the nature of brain injury cases, their causes, and the legal considerations involved is essential for seeking justice and obtaining the necessary support and compensation.
Suffering a brain injury can be a life-altering event, impacting every aspect of a person’s life. From physical and cognitive impairments to emotional and financial challenges, the consequences can be overwhelming. When facing the aftermath of a brain injury, understanding what you can claim is crucial in seeking the necessary support and compensation. While each TBI case is unique, there are common categories of claims damages that individuals with brain injuries may be eligible to claim. […]
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What Happens in a Product Liability Case?
Product liability is an important legal concept that protects consumers from defective and dangerous products. When consumers purchase products, they have the right to expect that those products are safe and free from defects. However, in some cases, products may cause harm or injury due to design flaws, manufacturing defects, inadequate warnings, or other product-related issues. This is where product liability comes into play.
Product liability refers to the legal responsibility of manufacturers, distributors, suppliers, and retailers for injuries or damages caused by their products. When a product fails to meet safety standards or causes harm, consumers have the right to seek compensation for their injuries, medical expenses, lost wages, and other damages through a product liability claim.
A product liability case arises when a consumer is harmed or suffers injury due to a defective or dangerous product. These cases hold manufacturers, distributors, suppliers, […]
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