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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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. […]
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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, […]
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Text message sender is sued in distracted driving accident
Victims in distracted driving accident claim sender of text message enabled driver to be distracted
The victims of a distracted driving accident are making history in the lawsuit they have filed for damages. A man and his wife who both lost their left legs when the motorcycle they were riding was struck by a driver who was texting are suing the sender of the text message as well as the driver.
The driver of the car that struck the New Jersey couple in Sept. 2009 pled guilty to using a hand-held cellphone while driving, careless driving, and failure to maintain a lane. The man was sentenced to $775 in fines and was ordered to speak about the dangers of texting and driving at local high schools, according to the article in the New York Daily News.
The couple is seeking damage for medical costs related to their injuries. […]
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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, […]
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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, […]
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