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The most basic claim definition is that a claim is a legal demand for your rights to be upheld and respected.
Laws are put into place to expound on what behaviors are acceptable and which ones are not. When one person or business commits an ‘unacceptable’ behavior, then the law generally exists to punish the offender and provide recourse for the impacted victim.
The way to reconcile what happened when the offense isn’t a crime but a civil wrong is through a legal claim and lawsuit.
What is the Definition of a Claim?
When we define legal claims, we are discussing the enforcement of the law. A claim is filed when one person wants to enforce their rights and receive money in the form of compensation from the individual or entity that harmed them. A claim is the official filing of a lawsuit and should include not only all the impacted parties and the responsible parties but also an explanation of your losses. You should make your initial claim as strong as possible. That way, when the opposing party receives your claim, they will have to thoroughly review it. You don’t want to give them any room to dispute or refute your claim.
Most Common Types of Law Claims
The number one most common type of legal claim is a personal injury claim. These cases involve a medical injury that leads to significant losses. Other common types of law claims include:
• Product liability
• Fraud
• Contract disputes
• Family law claims
• Defamation
• Civil or political rights violations
• Property disputes
How Do Personal Injury Claims Work?
Personal injury cases arise when one person’s recklessness, carelessness, or negligence results in an accident and injuries. The claimant typically receives care for their injuries, assesses their other losses, and files the official claim with the court. From that point, it’s up to the claimant to establish and prove their claims and the defendant to refute them. A negotiation period ensues, and both parties have a chance to attempt to negotiate a settlement. If no agreement is reached, then the case will go to trial. A hearing date will be set. Both parties need to attend and present their cases to the court members.
What Should You Know Before Filing a Legal Claim?
Before you file a personal injury lawsuit, you need to know a few things. First, your own level of fault will determine your options. Laws vary from state to state, so if you were partially to blame, it could impact your ability to file a claim. To learn more about your options, talk to a local personal injury lawyer about your state’s negligence laws.
You also need to know that you will need to document and prove all your claims to be successful. Expect to spend time collecting documentation and evidence. You also need to understand that you typically will not be able to receive compensation that exceeds the actual value of your losses.
What Makes a Claim Legally Valid?
In order for a claim to be valid, it legally must contain all the following elements:
• The responsible party had a legal duty to provide for the care and safety of the victim
• The responsible party failed to uphold their legal duty of care
• This breach in care led to an accident
• The victim was injured in the accident
To establish negligence, you must first prove that the other party had a legal duty to provide for your care. This duty is automatic in many situations, like when you get behind the wheel to drive or you create a product to sell on the market. In other situations, you may need to research the law to determine if liability exists in your situation. If you got hurt but the other party had no legal responsibility towards you, then they will not be responsible for your losses even if they contributed to it or caused it.
File Your Claim: Consult an Attorney
Are you ready to file a claim? After you’ve been wronged, it’s natural to want to pursue justice against the responsible party. That said, not every accident situation will have the legal elements necessary to pursue a successful legal claim. In general, the best way to determine if you have the basis for a valid claim is to consult with a personal injury attorney about what happened. These lawyers will usually work with you on a contingency fee basis, so you won’t have to pay them until you win your case and receive a settlement check.
Glossary References
Every case is unique, so we tailor our approach to meet your specific needs.
