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.
More information about Claim
Personal Injury Hazard Leads to Another Off-Road Utility Vehicle Recall
In cooperation with the CPSC, Bush Hog Off-Road Utility Vehicles have been recalled by the manufacturer, Bush Hog LLC, of Selma, Alabama. About 580 of these vehicles have been sold by Bush Hog dealers nationwide from April 2008 to December, 2008 and costs between $8.000 and $10,000. They were made in the United States.
The recall includes Models TH4400 (Trail Hand) and 4430 4X4 Off –Road utility vehicles and have Bush Hog printed on the cargo bed tail gate and on each side of the cargo bed. The hoods are red, green, or mossy oak.
The vehicle’s throttle cable can lock in freezing temperatures causing the engine not to return to idle when the driver takes his foot off the accelerator pedal, creating a potential loss of control of the vehicle.
Consumers should stop using the product immediately and contact a Bush Hog dealer to schedule a free inspection and repair. […]
Read MoreMore information about Claim
Dakota Urology Clinic Sued for $5 Million in Medical Malpractice
Five plaintiffs are asking for $5 million in damages from the Siouxland Urology Center in Dakota Dunes, SD. claiming negligence, medical malpractice, and intentional infliction of emotional distress.
In the 22 page class-action lawsuit the patients claim Siouxland Urology breached the standard of care by re-using certain disposable medical equipment which caused damages to the patients. Manufacturers recommend the equipment used in cystoscopy procedures be used only once. Siouxland Urology denies any unsterilized equipment ever came into direct contact with patients.
South Dakota Department of Health has ordered the Center to change its cystoscopy practices and the Center is offering a free blood test to check for HIV and Hepatitis for the 5,200 affected patients.
If you or a loved one has been harmed by a form of medical negligence, you may have a medical malpractice claim. […]
Read MoreMore information about Claim
$3 million Settlement Reached in SC Medical Malpractice Lawsuit
Misread CT scan causes death of young girl
A 29-year-old mother of three has reached a settlement agreement with six doctors at the Chester Regional Medical Center in South Carolina for medical negligence which caused her daughter’s death in 2005.
According to the lawsuit, the young woman sought medical help at the emergency room on three occasions for severe abdominal pain. The CT scan was misread the first two times. On her third trip to the emergency room, the doctors and surgeons found she suffered from a twisted bowel and performed surgery. They found her intestine was dead because the blood supply had been cut off. She died the night of her operation from her untreated medical condition.
The lawsuit alleges if the CT scan had been read correctly the first time at the emergency room, the condition could have been corrected and the young woman’s life would have been saved. […]
Read MoreMore information about Claim
$11 Million Verdict Awarded For Death of Brain Injury Victim
Largest verdict awarded against assisted living facility in the United States
An Arizona jury has awarded $11 million to the widow of a 36-year-old man with traumatic brain injury who died after ingesting foreign objects at an assisted living facility.
The verdict included $2 million for the decedent, $5 million for the wife and $4 million in punitive damages. Attorneys in the case say it is the largest verdict ever awarded against an assisted living facility in the United States.
It is indeed tragic when a person with a traumatic brain injury (TBI) does not receive proper care. We at Munley, Munley & Cartwright are committed to handling claims of Pennsylvania individuals sustaining traumatic brain injury. We are committed to spending the time with you and your family members to gain a deep understanding for each and every way the injury has affected your life. […]
Read MoreMore information about Claim
The Limbo Stage: 21 Days to Accept or Deny
Once you have given notice of your injury to your employer, their insurance carrier has 21 days under the Workers’ Compensation Act to either accept or deny your claim for benefits. During this period of time, you are basically in limbo.
To accept the claim, the insurance carrier needs to file either one of two notices with the Bureau in Harrisburg. The first notice is a notice of temporary compensation payable. As the name implies, this notice temporarily accepts the claim for a period of 90 days to give the insurance carrier additional time to investigate your claim before making its final determination.
Prior to the end of the 90-day period, if the insurance carrier wishes to deny your benefits, they are required to file notice stopping temporary compensation. If the insurance carrier does not file the notice stopping the temporary benefits in the allotted time, […]
Read More
