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.
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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J&J ordered to pay $4.69 billion to cancer victims in talcum powder lawsuit
Johnson & Johnson ordered to pay $4.69 billion in talcum powder lawsuit
A St. Louis jury returned a $4.69B verdict in favor of 22 women who claimed Johnson and Johnson’s products contained asbestos which caused them to develop cancer.
The verdict is the latest in a series of massive wins for women and their families who have filed cancer-related lawsuits against Johnson and Johnson. In August, 2017, a Los Angeles jury awarded a $417 million verdict in favor of a woman who claimed that Johnson and Johnson’s baby powder caused her to develop ovarian cancer, and in February 2016, a Missouri jury awarded $72 million to the family of a woman died of ovarian cancer after decades of using J&J’s baby powder.
In its natural form, talc (a common ingredient in cosmetic and personal care products, […]
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Judge says Monsanto cancer case can move forward
Earlier this week, a federal judge ruled that lawsuits against agricultural giant Monsanto could proceed and that key plaintiffs’ witnesses may testify. The lawsuits allege that Monsanto’s weedkiller Roundup caused users to develop cancer.
This move represents a win for victims, but they will still face an uphill battle at trial, as the judge called their claims “shaky” but admissible.
Thousands of individual plaintiffs claim Monsanto’s widely used weedkiller RoundUp caused them to develop cancer and that Monsanto provided no consumer warning. Specifically, the lawsuits link the ingredient glyphosate to an increased risk of non-Hodgkins lymphoma, and claim that the company knew about the risk and failed to warn the public, going so far as to suppress research that suggested the product was dangerous. The ingredient glyphosate is considered a probable human carcinogen according to the World Health Organization’s International Agency for Research on Cancer. […]
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Uber will no longer force assault victims to arbitration
Uber will no longer force the use of private arbitration for riders, drivers or employees who claim that they have been sexually assaulted or harassed. Rather, these cases can now be brought to court and be heard by a jury.
Until now, riders waived their constitutional right to a trial when they signed Uber’s user agreement. Now, anyone who claims that they have been sexually assaulted or harassed as an Uber rider, driver, or employee can have their individual cases brought to court and be heard by a jury. Uber will also end the requirement that victims who accept settlements through arbitration must sign confidentiality agreements that prevent them from talking about their experiences.
The policy change does not include other forms of harassment.
Arbitration used to silence victims of assault and harassment
Because of confidentiality agreements, […]
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Lawsuits claim Roundup weed killer causes cancer
Lawsuits Allege: Roundup Weed Killer Linked to Cancer
Hundreds of lawsuits allege that Roundup, a popular weed killer used on everything from crops to home gardens, has caused cancer in those exposed to it. They also claim that the makers of Roundup knew about the cancer risk, and failed to warn consumers.
Specifically, plaintiffs claim that exposure to Roundup increases the risk of:
- Non-Hodgkin’s lymphoma (NHL) including B-cell and T-cell lymphoma
- Leukemia
The main ingredient in Roundup, glyphosate, is the most widely used herbicide in the world.
Monsanto Misstates Research Findings
The lawsuits also allege that chemical giant Monsanto deceived consumers about the safety of their product. Though it is marketed as safe enough to use around pets and humans, studies have found that Roundup potentially very harmful to humans. […]
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How to Choose the Right Personal Injury Lawyer for You
Choosing the right personal injury lawyer
When you find yourself in need of legal advice or representation, it can be hard to know where to begin. You may never have had to seek a lawyer before. You may be unfamiliar with how the legal system works, or whether you even have a case. With so many lawyers to choose from, how do you know who you can trust? How do you know who will get the best results? We have some advice on how to choose the right personal injury lawyer for your unique case.
Not all law firms are created equal. In fact, your choice of personal injury lawyer can make all the difference in the success of your case. When you’ve been injured, or lost a loved one in a tragic accident, you want to know that your case is in the right hands. […]
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