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
Young Drivers In Denial That Distracted Driving Affects Them
Just last week we reported on a study from the University of Leeds that found drivers with just one hand on the wheel that are engaged in a “secondary task” are at increased risk of an accident. Now, researchers at Bridgestone Americas report that while teenage drivers realize distracted driving is dangerous, they don’t see everything that takes one hand off the wheel as a distraction.
The survey, that underscores the findings by those at the University of Leeds, found that even though many teenagers and young adults claim they understand distracted driving, they are in denial that it affects them. In fact, one-third of those surveyed admit to reading text messages while driving, and nearly 25% surveyed do not believe that talking on the phone while driving is dangerous.
The company surveyed 2000 drivers aged 15- to 21-years-old. Among the findings, the researchers found that the young drivers measure their level of safety as a driver by the fact that they haven’t been in an accident or ticketed. […]
Read MoreMore information about Claim
Recent Workplace Fatalities Raise Awareness of Construction Hazards
The Occupational Safety and Health Act of 1970 (OSH) was put in place by the Occupational Safety and Health Administration (OSHA) to prevent workers from being killed or seriously harmed at work. Under the act, workers are entitled to working conditions that do not pose a risk of serious harm, and all workers have the right to a safe workplace. Unfortunately, no amount of rules or legislation can prevent all accidents, and just this month, at least two men lost their lives in separate workplace accidents.
The Wall Street Journal reports one worker died and two others were seriously injured when the building they were working on in New York City collapsed March 22. The workers were tearing down a two-story warehouse during a Columbia University expansion project in Harlem. The collapse is still being investigated, but preliminary findings suggest the workers cut a structural beam supporting the warehouse “causing steel beams, […]
Read MoreMore information about Claim
Widows Sue PA Bars for Serving Drunk Driver
July 1, 2011, two men leading the Last Chance Motorcycle Club, a group of riders who have overcome alcohol and drug addictions, were ironically struck head-on by a drunk driver, resulting in the death of two men and injuries to four others. Now, the injured men and the widows of the deceased men have filed a lawsuit against the driver responsible and three bars that served alcohol to the drunk driver.
The group of motorcyclists was traveling from New Jersey to a friend’s funeral in Pennsylvania. As they traveled on Route 512 in Bangor, PA, a pickup made a wide turn, crossed the center line and plowed head-on into the group traveling in the opposite direction. The driver was charged with vehicular homicide while driving drunk and aggravated assault.
Under Pennsylvania’s “dram shop law,” business owners can be held liable for the sale of alcohol to patrons who are clearly and visibly intoxicated. […]
Read MoreMore information about Claim
“Buckyballs” Magnets Pose Serious Risks to Young Children
Buckyballs magnets pose dangerous swallow hazard for young children
After learning that a 3-year-old child suffered from tears in her lower intestine and stomach after swallowing 37 Buckyballs, the company is once again warning consumers that the magnets are not toys. The Buckyballs magnets were voluntarily recalled by the company in May 2010 after the U.S. Consumer Product Safety Commission (CPSC) warned of a swallowing hazard to young children.
The Los Angeles Times reported yesterday that the Oregon child underwent surgery to remove the magnets that had snapped together inside her stomach, resembling a bracelet. She is expected to recover. Last year, a sixth-grader in California underwent surgery after swallowing eight of the magnets.
Buckyballs are a set of round, high-powered magnets that are meant to be used by adults as a stress-relieving desk toy. However, a serious danger is raised when a child swallows more than one magnet. […]
Read MoreMore information about Claim
Car Accident Report – Car Accidents Claim Lives
Fatal car accidents around the country
Father and Child Die in Pennsylvania Head-On Accident
A Wednesday night crash in Nicholson Township, about 25 miles outside of Scranton, PA, left a man and his 3-year-old daughter dead. The Times-Tribune reports the deceased man was driving a Chevy Silverado when he apparently crossed the center line on West Nicholson Road and struck a Dodge pickup head-on. The driver of the Dodge was treated for minor injuries at the hospital and was later released. The police report the child was not restrained in the vehicle and died from “massive traumatic” injuries. She and her father were both pronounced dead at the scene. Police are continuing to investigate the accident.
Chain-Reaction Accident in CT Caused by Drugged Driver
Police in Norwalk, CT say a woman who was on a day-long crack binge, and was fleeing officers, […]
