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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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. […]
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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. […]
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New Jersey Man Receives $2 Million in Yamaha Snowmobile Accident
The Daily Record reports a Sparta man will receive $2 million from Yamaha following a snowmobile accident. The judge added $900,000 to the $1.1 million award from the jury.
In February of 2005, when the now 61-year-old man borrowed his friend’s 1995 Yamaha VX600V-R snowmobile, the engine started to hesitate. While he and another friend lifted the rear of the snowmobile, the owner revved the engine with the throttle in an effort to clear the spark plugs. The metal track broke and shot out of the rear of the snowmobile and ripped through the victim’s right leg.
Efforts to save the 75 percent severed leg were not successful, and the man’s leg was amputated above the knee a few days after the accident.
In the product liability trial, the jury awarded $1,107,000 for pain and suffering, economic losses, and medical expenses. […]
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Family of City Worker Killed In Mower Accident Settles Lawsuit
A confidential last-minute settlement has been reached in the lawsuit brought by the family of a city Parks Department employee who was killed in 2003 by a runaway lawnmower, reports the Telegram & Gazette of Worcester, Mass.
Industrial and agricultural accidents can occur for a variety of reasons. One of the leading causes, however, is a manufacturing or design defect that makes heavy machinery dangerous to users. You should be able to trust that the product you are using is safe and that you have been given proper warning of any risks the product poses. At Munley Law we understand the complexity of product liability laws and the challenge of proving a case, and we can help you get the compensation you deserve.
The 54-year-old man died from injuries he sustained when he was run over by a 6,000 lb. large capacity mower as it rolled down a hill. […]
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Oklahoma Mother Files $10 Million Wrongful Death Lawsuit Against Prison
The mother of a man from Tecumseh, Oklahoma has filed a $10 million lawsuit against a prison corporation and the state in the death of her son.
Her son and his wife were vacationing in New Mexico when they were killed by two prisoners who had escaped from an Arizona prison. The lawsuit was filed against the company operating the private prison, Management & Training Corporation of Delaware, and claims the state failed to maintain the inmates and properly train the employees.
Losing a loved due to someone else’s negligence can be difficult to understand. When you are grieving, hurt and worried about the future, it is uncomfortable to talk about insurance claims, wrongful death settlements, and cash awards; however, if someone caused your loved one’s death you should seek the compensation you deserve. At Munley, Munley & Cartwright we represent individuals and families that have lost a loved one or been seriously injured due to the negligence of another. […]
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