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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Negligence Alleged in Lawsuit against City in Teen’s Death
In November 2009, a student was killed crossing the dangerous Luten Avenue outside Tottenville High School in Staten Island, New York, reports silive.com. Following the death of the straight-A student, the city installed traffic lights, concrete medians, and other safety devices along the street.
Her mother has filed a wrongful death suit against the NYDOT and the city alleging they failed to have the proper protection in place prior to her daughter’s death despite requests by public officials and the school’s principal for traffic signals. The senior high school student was crossing the street around 11:30 a.m. when a Nissan, which had stopped to allow her to cross, was rear-ended by another car, pushing it into the victim and pinning her under the rear-tire.
The victim underwent emergency surgery at Staten Island University Hospital, Ocean Breeze, but died six days later. Her mother contends her daughter did not receive proper medical treatment at the scene of the accident which resulted in her death. […]
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Choking Hazard Causes American Eagle To Recall Toddler Girl’s Pants And Shorts
Clasp on the clothing can become detached and cause a choking hazard
According to Norwalkplus.com, clothing manufacturer American Eagle Outfitters has voluntarily recalled 1,200 pants and shorts for toddler girls due to the possibility of a choking hazard.
According to the Department of Consumer Protection, the Pittsburgh, PA-based clothing company and the U.S. Consumer Product Safety Commission announced the voluntary recall of several different girls’ clothing items.
Included in the recall were a variety of styles of jeans, pants, and shorts that have a metal clasp mounted at the waistline of the items. It is possible that the clasp can become detached from the waistline of the item and pose a choking hazard for toddler girls. Consumers have been urged to stop dressing their children in these items immediately and return them to the retailer.
American Eagle sold the items through www.77kids.com and their retail stores during the months of July and August 2010. […]
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Toyota Set To Recall Sienna Mini-Vans Due To Possible Brake Failure
As if Toyota has not had its share of recall woes in recent months, the company is poised to announce another vehicle recall in January.
According to Reuters, Sienna mini-van owners are to be notified that there is a defect in the brake system that could reduce the vehicle’s ability to stop safely. Some 110,000 Sienna mini-vans will be involved in the recall, 92,000 of which are here in the U.S. The issue apparently involves the use of the parking brake which could damage the overall braking system.
According to Toyota officials, there have not been any accidents or injuries to date associated with this brake issue. However, a brake system failure is a critical issue and can result in fatalities for drivers of the vehicle and passengers.
The braking problem was supposedly corrected when Toyota installed differently designed parts on all Siennas that were manufactured after this past November 5. […]
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$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. […]
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$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. […]
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