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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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, […]
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Ohio Oral Surgeon Faces Second Lawsuit
The Chronicle-Telegram reports a retired Lorain, Ohio oral surgeon is being sued for an undisclosed amount by a patient who claims she “was injured and was caused to suffer seizures, neurological damage and other severe and debilitating injuries, some of which were permanent in nature,” during treatment in Dec. 2010.
According to the article, a motion attached to the lawsuit seeks a 90-day enlargement of time to file an affidavit of merit, stating “there is strong reason to believe a cause of action exists” against the surgeon and unnamed nurses, dental assistants and/or health care professionals that the suit lists as defendants.
The physician had previously been sued when a 13-year-old patient died after receiving sedation prior to oral surgery in December 2010. The doctor’s insurance company paid $1 million to the family of the deceased girl, and the 81-year-old physician stopped giving intravenous sedation and agreed to retire in September. […]
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Family of Injured Kentucky Nursing Home Patient to Receive $1 Million Settlement
According to an article in the Lexington-Herald Leader, a Fayette, Kentucky Circuit Court jury awarded the family of a nursing home patient $1 million for negligence resulting from a January 2009 incident. The Alzheimer’s patient, in her late 80s, at Lexington’s Cambridge Place Nursing Home suffered extensive injuries in a fall after she went missing from her room.
The lawsuit alleged the woman suffered broken bones in her face, bleeding in her brain, and a serious cut on her forehead, and various other injuries, after she fell from her Merry Walker, a walker that includes a seat, and was later found severely injured in an equipment storage room.
The case was previously reviewed by the Cabinet for Health and Family Services and the attorney general’s office. An adult-protection worker found that the woman was a “victim of caretaker neglect and had been exposed to an extreme safety risk.” […]
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Ohio Family Awarded $4.2 Million in Medical Malpractice Lawsuit
The family of an Ohio woman who died of a heart attack after being treated at Wheeling Hospital (WV) in 2009 has been awarded $4.2 million by an Ohio County jury. The lawsuit was filed against Dr. Stephen Heirendt and EMPG of West Virginia, Inc.
The woman went to Wheeling Hospital, complaining of chest pains, where she was treated by Heirendt. The suit claimed that the doctor did not follow appropriate standards of care, ultimately leading to her heart attack 11 days later. The woman was 43-years-old.
The family was awarded $1.5 million for sorrow and mental anguish, $1.5 million for loss of services, $300,000 for loss of household services and $872,000 in lost wages.
If you or a loved one has been harmed by a form of medical negligence, you may have a medical malpractice claim. Our attorneys at Munley Law are experienced and successful medical malpractice litigators and we fight to protect the rights of patients. […]
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NC Medical System Charged with Negligence to Pay $25 Million
A father has been awarded $25 million by a Cumberland County, North Carolina jury after finding the Cape Fear Valley Health System negligent in reporting signs of child abuse against the man’s son. The boy, who lived with his mother at the time, eventually suffered brain injury after additional abuse.
FayObserver.com reports that the lawsuit alleged if the hospital had reported signs of child abuse when the boy was initially treated for a broken wrist and other broken bones that he would not have received a beating later that “caved in his skull and took away his ability to talk or use his arms and legs.”
The young boy was taken to the Cape Fear Valley Medical Center in 2003 when he was six years old. At the time he had surgery on his wrist, he was also vomiting, and further x-rays revealed an old rib fracture. […]
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