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

New York Man Killed By Runaway Pickup Truck While Eating His Lunch Outside in Financial District

In what can only be called a freak accident, a 70-year-old clerk for the State Attorney’s Office was fatally injured last week when he was struck by a runaway truck as he ate his lunch outside a building on Broad Street in the Financial District of New York City. Witnesses said the 2008 Honda pickup accelerated out of nowhere onto the sidewalk and pinned the victim against the building. Although bystanders tried to administer CPR, he was pronounced dead at the scene.

According to news reports, the truck was driven by an employee of a security company that works in the area. Trucks are often used to keep vehicular traffic out of the pedestrian-only financial district. No charges were filed against the 50- year-old driver of the truck, who is a retired police lieutenant.

The fatal accident was a tragedy. The victim’s 29-year-old daughter said he was “a great father, […]

Pennsylvania Drivers Urged to be Aware of Information Exchanged After a Car Accident

Our Pennsylvania car accident attorneys encourage all drivers to do the right thing after a car accident: stop, assist others involved, call the police, exchange information with others, and contact your doctor. All of these are key steps to help minimize the stresses associated with being in a car crash and to help ensure that all legal processes are completed.

However, according to the National Association of Insurance Commissioners (NAIC) while it is important that anyone that has been in an accident shares appropriate information, it is critical that they not share too much information and risk putting themselves in jeopardy of identity theft.

The NAIC, the U.S. standard-setting and regulatory support organization created and governed by the chief insurance regulators in the U.S., reports identity theft is one of the fastest-growing crimes in the U.S. Federal statistics estimate nearly 9 million Americans have their identities stolen each year. […]

Victims Win Record Pennsylvania Wrongful Death Truck Accident Settlement

The victims of a 2010 Pennsylvania wrongful death truck accident recently agreed to a record $26.1 million settlement of their claims against the truck driver, the truck company and other defendants. The accident occurred on June 6, 2010, on Interstate 80 East when a tractor-trailer rear-ended a Toyota Matrix that was stuck in traffic for road construction. One occupant of the Toyota, the driver’s father, was fatally injured. Two others, including the driver, received serious, life-threatening injuries. Two dogs in the car were also killed.

The driver of the tractor-trailer, who apparently was speeding, said the sun was in his eyes; however, the sun was actually behind him at the time. Because the driver’s recollection of the accident appeared fuzzy, it was alleged that he may have been driving drowsy or even fallen asleep at the wheel, though this was never proven.

Pennsylvania Wrongful Death Actions

The victim of a truck accident has the option to file a personal injury accident lawsuit to recover compensation for any injuries. […]

Lightning Strike at Pennsylvania Racetrack Raises Concern of Spectator Safety

As severe thunderstorms rolled through the area on Sunday, 85,000 fans were sitting in stands and in the infield at the Pocono Raceway watching the Pennsylvania 400 NASCAR race. For the safety of the drivers and the fans, the race was called off, but it was too late – two lightning strikes hit 10 spectators.

According to WNEP, the Monroe County EMA alert system issued a severe thunderstorm warning for the area at 4:12 p.m. NASCAR stopped the race at 4:54 p.m. The first lightning strike was shortly after 5 p.m., killing one man and injuring eight others. The second strike was reported at 6:35 p.m., injuring one person.

Officials with the Pocono Raceway and NASCAR are investigating the hour leading up to the tragedy. While the racetrack officials contend warnings were issued, some of the attendees are disputing that claim. […]

Ford and Toyota Issue Recalls

Ford Motor Company and Toyota Motor Sales have both issued recalls for vehicles. Toyota issued a voluntary safety recall involving 2006 to early 2011 model year RAV4 and 2010 model year Lexus HS 250h vehicles sold in the U.S. Ford’s recall is for its 2013 Escape SUVs.

Toyota Recall

Toyota reports in its press release of the recall:

“Toyota has determined if the nuts on the rear suspension arm are not tightened following the proper procedure and torque specification during a rear wheel alignment service, excessive play may occur at the threaded portion of the arm, followed by rust formation. If this were to occur, the threaded portion of the rear suspension arm may wear and cause the arm to separate.”

The National Highway Traffic Safety Administration (NHTSA) notes that failure of the rear tire rod could cause a loss of vehicle control, […]