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

$1.7 Million Judgment Against Johnson & Johnson Following Injury Due To Drug

Failure to warn patients about potential tendon damage due to drug use leads to lawsuit

A Minneapolis jury has awarded an 82-year-old man $1.1 million in punitive damages and $630,000 in compensatory damages against Johnson & Johnson for failing to warn patients its antibiotic, Levaquin, may cause tendon damage, reports the Star Tribune.

The case in U.S. District Court is the first of thousands of lawsuits filed nationwide by patients who claim tendon injuries after taking Levaquin. This man was an active golfer and a mall-walker before rupturing or partially rupturing both Achilles tendons after taking Levaquin and a steroid for bronchitis five years ago – unaware of the risks with the drug combination.

The lawsuit was filed in 2008 against Johnson & Johnson and its Ortho-McNeil-Janssen Pharmaceuticals unit for failing to warn doctors and patients of Levaquin’s potential for tendon damage. […]

$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. […]