Claim

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.

More information about Claim

Doctor to Pay $3 Million for Birth Defects Suffered 18 Yrs Ago

PostStar.com reports a Warren County state Supreme Court has found a doctor should pay $3 million to a now 18-year-old girl who continues to suffer from birth defects.

The jury found Dr. Stephen Serlin, an OB/GYN should pay the girl who suffers from cerebral palsy and other health issues she suffers because of a brain injury at birth. Dr. Serlin was found to have “deviated from the acceptable standard of care” which was a large factor in the girl’s health issues.

He was called to the hospital at 5 a.m. to perform an emergency Cesarean section. He arrived 2 hours later and did not start the surgery until 8:14 am – a delay where the brain injury occurred. The baby suffered “fetal asphyxia” in the womb due to a compressed umbilical cord.

Birth traumas are injuries that happen to a newborn during labor and delivery. […]

Retailer Sued after Child Dies in Defective Crib

An Omaha retailer, Hayneedle, Inc., is being sued by the parents of a 1-year-old boy who was allegedly asphyxiated in a defective crib accident, reports BostonHerald.com.

Hayneedle operated as Netshops Inc. at the time of the child’s death in 2008. The child was in a Simplicity Ellis Deluxe 4-in-1 Convertible Sleep System crib when he got trapped between the crib’s mattress and the frame. He died at Sturdy Memorial Hospital in Attleboro on January 30, 2008.

The lawsuit alleges Hayneedle was grossly negligent in failing to warn them about the crib’s dangerous and defective characteristics, and of the proper method of assembling, using and maintaining the crib.

This death was a key factor in prompting the U.S. Consumer Product Safety Commission (CPSC) to recall full-size Simplicity cribs with tubular metal mattress-support frames in April. This construction poses a risk of serious injury or death due to entrapment, […]

Negligence Alleged in Lawsuit against City in Teen’s Death

In November 2009, a student was killed crossing the dangerous Luten Avenue outside Tottenville High School in Staten Island, New York, reports silive.com. Following the death of the straight-A student, the city installed traffic lights, concrete medians, and other safety devices along the street.

Her mother has filed a wrongful death suit against the NYDOT and the city alleging they failed to have the proper protection in place prior to her daughter’s death despite requests by public officials and the school’s principal for traffic signals. The senior high school student was crossing the street around 11:30 a.m. when a Nissan, which had stopped to allow her to cross, was rear-ended by another car, pushing it into the victim and pinning her under the rear-tire.

The victim underwent emergency surgery at Staten Island University Hospital, Ocean Breeze, but died six days later. Her mother contends her daughter did not receive proper medical treatment at the scene of the accident which resulted in her death. […]

Choking Hazard Causes American Eagle To Recall Toddler Girl’s Pants And Shorts

Clasp on the clothing can become detached and cause a choking hazard

According to Norwalkplus.com, clothing manufacturer American Eagle Outfitters has voluntarily recalled 1,200 pants and shorts for toddler girls due to the possibility of a choking hazard.

According to the Department of Consumer Protection, the Pittsburgh, PA-based clothing company and the U.S. Consumer Product Safety Commission announced the voluntary recall of several different girls’ clothing items.

Included in the recall were a variety of styles of jeans, pants, and shorts that have a metal clasp mounted at the waistline of the items. It is possible that the clasp can become detached from the waistline of the item and pose a choking hazard for toddler girls. Consumers have been urged to stop dressing their children in these items immediately and return them to the retailer.

American Eagle sold the items through www.77kids.com and their retail stores during the months of July and August 2010. […]

Toyota Set To Recall Sienna Mini-Vans Due To Possible Brake Failure

As if Toyota has not had its share of recall woes in recent months, the company is poised to announce another vehicle recall in January.

According to Reuters, Sienna mini-van owners are to be notified that there is a defect in the brake system that could reduce the vehicle’s ability to stop safely. Some 110,000 Sienna mini-vans will be involved in the recall, 92,000 of which are here in the U.S. The issue apparently involves the use of the parking brake which could damage the overall braking system.

According to Toyota officials, there have not been any accidents or injuries to date associated with this brake issue. However, a brake system failure is a critical issue and can result in fatalities for drivers of the vehicle and passengers.

The braking problem was supposedly corrected when Toyota installed differently designed parts on all Siennas that were manufactured after this past November 5. […]

$2.255 Million to be Paid by Police Officer and Bar to Settle Car Crash Lawsuit

Four killed by officer in drunk driving crash; Officer and bar found at fault

St. Louis website, Stltoday.com, reports an off-duty police officer and the bar which served her alcohol will pay $2.255 million to the families of the four young people who died in a car crash on March 21, 2009.

The wrongful death lawsuit states the 42-year-old police officer had consumed a “high quantity” of alcohol at O’Leary’s Restaurant & Bar before leaving to drive home. On her way home she crossed the center line and drove her Mitsubishi into the Honda about 1:45 a.m. All four passengers were killed and the driver suffered a head injury, fractured rib, liver trauma and lung and skull contusions.

The bar was included in the lawsuit because its employees knew the police officer was drunk and did not call her a cab or stop her from driving her car. […]

Driver Dies In Crash – Widow Sues Business For Serving Too Much Alcohol

Pennsylvania’s The Times Tribune reports the widow of a 29-year-old man killed in a one-car accident in February has filed a wrongful death lawsuit alleging businesses over-served her husband alcohol.

The suit was has been filed against Valley Bowling Lanes Inc., Champion’s Lounge, Inc., and Bowl Credit, Inc., Carbondale Twp; and Chico’s Lounge Inc., Mayfield and alleges the businesses should have known her husband was intoxicated and unable to drive home the night of his accident. It states the businesses’ bartenders, bouncers and/or managers failed to fulfill their responsibilities.

A minor son is also named as a plaintiff in the lawsuit which is seeking more than $50,000 plus interest and other court costs in addition to punitive damages.

The Scranton, Pennsylvania attorneys of Munley Law Personal Injury Attorneys have years of experience representing the survivors of wrongful death victims. […]

New Hampshire Woman Sues Hospital & Doctors for $5 Million

A woman formerly from New Hampshire is suing two doctors and St. Joseph’s Hospital in Nashua for $5 million alleging they failed to diagnose and treat her bacterial meningitis which left her permanently disabled, reports The Telegraph.

On January 10, 2008, the woman went to the emergency room after suffering for three days with vomiting, headache and fever. She was treated for an ear infection and sent home. With worsening symptoms, she returned to the hospital two days later. The second time she also had hearing loss, altered mental state, and difficulties walking. Her lawsuit states even though a CT scan and other tests suggested something serious was wrong, the doctor diagnosed her with stress and a sinus infection and sent her home.

She returned to the hospital two more times before she was given a spinal tap which showed she was suffering from two life-threatening conditions. […]

Suit Filed Against Toyota in Carbon Monoxide Death

The keyless ignition system in a Lexus is being blamed for the carbon monoxide poisoning death of a 79-year-old Queens’ attorney reports the NY Daily News.

In February, 2009, the attorney’s companion parked her car in the garage which was attached to the home they shared and accidentally left the engine running. The next day she was found unconscious on the bedroom floor and her partner was dead from carbon monoxide poisoning. She survived, but is unable to walk and has difficulty speaking.

The lawsuit against Toyota cites the auto manufacturer for failing to install a “shutdown” switch in the cars – which can be turned on or off at the touch of a button. The switch would turn off the engine when the car is unoccupied or not touched for a certain amount of time.

The keyless ignition is a nifty feature, but it can be deadly when the engine continues to run even after the driver leaves the vehicle with the key fob which communicates with the car’s computer. […]

New Jersey Man Receives $2 Million in Yamaha Snowmobile Accident

The Daily Record reports a Sparta man will receive $2 million from Yamaha following a snowmobile accident. The judge added $900,000 to the $1.1 million award from the jury.

In February of 2005, when the now 61-year-old man borrowed his friend’s 1995 Yamaha VX600V-R snowmobile, the engine started to hesitate. While he and another friend lifted the rear of the snowmobile, the owner revved the engine with the throttle in an effort to clear the spark plugs. The metal track broke and shot out of the rear of the snowmobile and ripped through the victim’s right leg.

Efforts to save the 75 percent severed leg were not successful, and the man’s leg was amputated above the knee a few days after the accident.

In the product liability trial, the jury awarded $1,107,000 for pain and suffering, economic losses, and medical expenses. The man’s attorney filed a motion for an “additur” with the judge which was granted and raised the award another $900,000. […]

DEP Makes Marcellus Shale Production Data Available to Public

The Department of Environmental Protection (DEP) has made production data for Marcellus Shale natural gas wells in the state available on their website. Under Act 15 of 2010, Marcellus operators are required to report their well production totals from July 1, 2009 to June 30, 2010. This act overturned previous provisions in the Oil and Gas Act that required production data to be kept confidential for five years.

John Hanger, secretary of DEP, says that by making this information available to the public “a much-criticized layer of secrecy” is removed and the public and government now have “unprecedented access to this information.”

Even though the companies were required to submit the data to the state by August 15, 2010, 18 of the state’s 74 Marcellus Shale operators have not yet complied. Hanger said the department will pursue “whatever enforcement action is necessary to ensure compliance with the law.” […]

Some Pennsylvania Parks Could Become Marcellus Shale Drilling Sites

The Pennsylvania Department of Conservation and Natural Resources (DCNR) manages and maintains close to 120 state parks. However, Pennsylvania does not own the mineral rights to 80 percent of the land underlying the parks, opening it up to the possibility of the private owners entering into Marcellus Shale lease agreements with gas companies.

Oil and gas companies have already drilled a limited number of wells in some of the state park land in western Pennsylvania. DCNR cannot impose surface-use agreements on the drilling companies to govern their impact on the surface of the parks, due to a 2009 ruling by the Supreme Court, and some fear the increased interest in Marcellus Shale in the parks could result in damage to the landscape.

DCNR Secretary John Quigley says that while the threat to the parks is not immediate, “there are a dozen or fewer parks where drillers or seismic testing firms have expressed interest in accessing the surface to get to the Marcellus Shale.” […]

Emergency Services Secured for Marcellus Shale Region

The Pennsylvania Department of Environmental Protection (DEP) has secured the services of CUDD Well Control to provide emergency response services in Pennsylvania in case an emergency arises from any of the Marcellus Shale wells. DEP has taken this step in response to recent high-profile accidents at natural gas wells in Pennsylvania.

The company will establish a new facility in Canton Township, Bradford County, allowing Cudd’s highly specialized, well-equipped emergency response crew to respond to any natural gas well in Pennsylvania within five hours.

The state will only employ CUDD’s services when needed through emergency contracts on a case-by-case basis. This process will limit costs to taxpayers to events when CUDD personnel are mobilized.

Our attorneys at Munley, Munley & Cartwright are experienced in worksite accident lawsuits and will evaluate your case and explore all possible sources of recovery. We fight to protect the rights of workers. […]

Pooling May be Forced on Marcellus Shale Area Residents

The Marcellus Shale natural gas industry is lobbying for legislation that would force property owners in the Marcellus Shale region to allow drilling for natural gas on their land if other property owners approve the request but they refuse. Referred to as “forced pooling,” the pooling order would set forth the terms and conditions of the forced lease, such as compensation for the reluctant property owner.

The purpose of pooling is to group adjoining mineral rights leases to form a larger drilling unit, and according to the industry, results in more economical drilling. Property owners with mineral rights would lease his or her interest in exchange for a royalty share. In Pennsylvania, the industry wants to add the statute to the severance tax to be adopted by the state.

If you are a property owner and you are opposed to drilling on your property, […]

Uneasiness Persists About Marcellus Shale Operations

Some Pennsylvania property owners don’t like the idea of living next to a drilling rig and want their local governments to use zoning regulations to prevent the development of natural gas wells.

But local government leaders’ hands are tied to a great extent by a state law called the Pennsylvania Oil and Gas Act. The state law preempts local regulation of gas wells and extraction and gives the regulatory authority to the Pennsylvania Department of Environmental Protection. Local regulations may not apply to the location of a well, well site safety or even protection of the water supply.

The pressing questions of which local municipal regulations still apply and which are preempted are still being sorted out by the courts.

Natural gas drilling and extraction from the Marcellus Shale poses rewards and hazards for Pennsylvania communities. While there is the potential for significant economic benefit, […]

$82.5 Million Awarded To Blast Victim’s Family

Company found grossly negligent in wrongful death case

As wrongful death attorneys, we deal with the grief and confusion a family feels following the unexpected and unnecessary death of a loved one. It is difficult for family to maneuver through the maze of legalities while mourning the loss of their loved one, especially when the death is that of a young father and husband.

The Star-Telegram reports the family of a 27-year-old man who died of injuries suffered in an explosion at a natural gas processing plant has been awarded $82.5 million by a Harris County (Texas) jury.

In May, 2007, the young man was injured when a hot-oil treater exploded and he died at the hospital the next day. The award will go to his widow and the couple’s three young children, including a son born shortly after his father died.

Exterran Energy Solutions L.P of Houston – […]

$1.7 Million For Nerve Damage Following Baby’s Birth

Hospital responsible for mother’s nerve damage due to negligent anti-nausea injection

The Post-Standard reports a New York state Supreme Court jury has awarded a home-care nurse almost $1.7 million for permanent nerve damage following her baby’s birth three years ago.

The lawsuit was filed against Community General Hospital after the hospital administered an intramuscular injection in an attempt to stop the woman’s vomiting following the birth of her third child. The suit claimed the injection was given too low causing damage to the woman’s sciatic nerve.

The 34-year-old mother now suffers from lower back pain and is unable to sit or stand for any length of time and has other physical problems as a result of the nerve damage. Although she still works as a home health care nurse, her doctors believe her condition will become worse.

Our attorneys at Munley, Munley, […]

$3.5 Million Awarded In Lawsuit Over Botched Surgery

The Baltimore Sun reports a 53-year-old woman has won $3.5 million in her medical malpractice suit against Vascular Surgery Associates and two of its surgeons following a botched surgery.

In 2007 the woman’s surgery for blocked arteries ended in devastating injuries including damage to her spinal cord which left her a paraplegic. The lawsuit claimed the doctor used an improper grafting technique which led to various injuries including blood loss, and paralysis.

The award included $1.3 million in noneconomic damages, $2 million for future medical bills, and more than $200,000 for prior medical bills.

Our medical malpractice lawyers have decades of experience handling complex cases involving medical errors, misdiagnoses, and hospital infections. We will evaluate your case thoroughly and explore all potential sources of recovery – we fight to protect the rights of patients. If you or a loved one has been harmed by medical negligence, […]

Officer and Bar to Pay $2.25 Million In Fatal Car Crash

A police officer and the bar which served her were held accountable for a fatal car crash caused by drunk driving. They will pay a total of $2.255 million for the wrongful death of four people and the injuries to another man, reports St. Louis Today.

The lawsuit claimed the police officer had consumed a “high quantity” of alcohol at O’Leary’s Restaurant and Bar and the employees at the bar knew she was intoxicated and did not stop her from driving or call her a cab. Despite her slurred speech and unsteady walk, the bar continued to serve her alcohol. After leaving the bar, the officer crashed her car into a Honda with five students from India.

The driver of the car hit by the police officer suffered a head injury, a fractured rib, liver trauma, lung contusion, and contusions to the skull. His four passengers were killed, […]

Family Accepts $5.2 Million After Caesarean Section Death

The family of a 32-year-old woman who died following childbirth in 2007 has accepted $5.2 million from two doctors and the Albany Medical Center Hospital, reports the Albany Times Union. The settlement also includes mandated changes in procedures at the hospital.

After a normal and healthy pregnancy, the mother bled to death following a Caesarean section despite several calls to her primary obstetrician stating she was bleeding internally. After the third call, the doctor came to operate on the patient, but by then she had lost too much blood, the newspaper reported.

Instead of going to trial in August, the family accepted the settlement because they could not have won the non-monetary stipulations in a trial. These stipulations require the hospital to take specific steps to enhance patient safety.

Our attorneys at Munley, Munley, & Cartwright are experienced in medical malpractice lawsuits and will evaluate your case thoroughly and explore all potential sources of recovery – we fight to protect the rights of patients. […]