How to define a legal claim
The term "claim" in law means something a little different than it what we think of when we speak of an insurance claim. A legal claim is a written complaint to a court, telling it that something has happened and asking for a remedy. A claim to a court must allege the two elements of any complaint – that the defendant did something improper, either by negligent action or policy violation, and that his wrongdoing caused some harm to the plaintiff.
Under the laws of England, a claim must be made within six years from the time it originated. The six-year clock, once it starts, can stop and start again if certain criteria are met.
A claim falls under one of two broad categories – law or fact. A law claim, or one at law, is a person’s request for money. For example, if your car was damaged in a collision , you could file with the other driver’s insurer a claim for repair costs. Because you are seeking a monetary payment, it is a claim for law.
A claim for fact, on the other hand, is for a specific loss or hardship. If your car was stolen and you wanted its return, your complaint would be for a claim for fact. You would be asking the other driver or his insurer to return the car to you, not to pay you any specific amount of money. Therefore your claim is one of fact.
Here are a few examples of claim types:
Attempting to reclaim damages from a liable party is the purpose of a claim. It brings the wrongdoing against you to the court’s attention and asks for a legal remedy. Without a claim, you have no path to justice or relief. The court must then hear your claim, and its office staff will be responsible for notifying the defendants so that they may respond to the claim.
Legal claim types
Legal claims can cover a vast array of topics, whether you are filing a personal injury claim, medical malpractice action or a business claim. The following are some of the common types of legal claims filed in Michigan.
Automobile accidents are one of the most common types of personal injury cases. Common injuries resulting from auto accidents include neck and shoulder pain, back pain, burst fractures, post traumatic stress disorder (PTSD), traumatic brain injuries and fractures. In 2018, the top five reported injuries per 100 crashes were: concussions from trauma to the head (head), fractures of the spine (neck), wounds from penetration by a sharp object (stab wounds), fractures of the lower limbs (legs) and lacerations of the arms.
Medical malpractice occurs when a medical professional, such as a doctor, physician, nurse, dentist, chiropractor, hospital or other medical provider, does not provide adequate care to a patient and, in so doing, causes an injury to the patient.
Property damage occurs when someone else’s negligence or intentional act damages your property. This can be physical harm to the property which diminishes the value of the property. It can also refer to a situation where your property was taken or forced from you. For example, when property is stolen, it may be appropriate to file a police report.
Fraud is a legal and economic term used to refer to an intentional misrepresentation that deprives the injured party of something of value. A false statement is made knowingly to deceive another party. The injured party suffers damages as a result of relying on the false statement.
Who is eligible to file a legal claim?
When it comes to initiating a legal claim, the decision is not always clear-cut. In general, individuals are certainly able to file a claim for personal matters and disputes, but there are a number of considerations that must be resolved prior to legal action, and even before the filing is complete, a case can be complicated by additional factors.
For instance, in the case of personal injury, you can pursue your own damages against another party directly, but there are certain restrictions in place that could effect your individual case.
If you were injured by someone while participating in a sporting event, you may not be able to sue said person, as doing so would impede on the sportsmanlike conduct of the game. Likewise, if you worked within a company and were accidentally injured while completing routine tasks, you would not be able to successfully sue your boss, as he/she would have certain protections under workers compensation.
Beyond these specific instances, however, you can file a legal claim for an array of reasons – individuals may seek to sue for breach of contract, financial loss, wrongful death, vehicular collision, defective products, and more.
Organizationally or corporately, a business or its representative may file a legal claim on behalf of the organization in order to recover damages accrued because of another business’ actions. There are some legal specifications that must be met before an organization can file claim, however.
Again, employees of a company are not able to pursue those managing their employer via a legal claim; likewise, organizations are unable to sue on behalf of their employees or other representatives.
There are also some instances where only an individual can file a legal claim on his/her own behalf. In many family law cases, such as divorce or child support matters, an appropriate case cannot progress without the direct involvement of the affected individuals.
Under certain circumstances, in regards to family law, a person cannot file for legal action if he/she does not possess custody of the children in question. This is to prevent such individuals from causing unnecessary conflict and hardship between responsible parents and their families.
Restrictions on filing a legal claim do not end with individuals and organizations, however, as there are some limitations in place in regards to timing of a claim as well.
In a situation involving a car accident, for example, filing a legal claim for damages within a given timeframe (also referred to as "limitation of actions") is essential. If it is left too long, a legal claim will not be allowed, even if a person is entirely in the right, and the opponent is clearly guilty of causing injury or financial damage.
Time limits are in place for all types of civil lawsuits, which are separate from the timeframe restrictions of criminal lawsuits. A legal claim for a vehicular accident, for example, must be filed within six months of the original date of the incident. For general personal injury cases, you have roughly three years to file a claim from the day of the injury.
There are also certain circumstances in which failure to file a legal claim within the mandated timeframe can be excused. If, for instance, a person was injured because of a defective product, but did not receive it until after the statute of limitations had expired, a legal claim could still be made with proper documentation.
Supposing, however, he/she had already attempted to file a legal claim with a product that was later found to be defective, and that claim was dismissed due to missed timing requirements. In this instance, a legal claim would not be allowed, as the individual had already filed – albeit prematurely.
Timing restrictions on legal claims do vary on a state-by-state basis, so to better understand your options, speak to a qualified legal professional in your area.
Legal claim process
The filing process of a legal claim begins with a letter to the person or company with whom you have a grievance or a harm done. In the letter that is commonly referred to as a demand letter, the victim should inform of his or her concern(s) in a clear and concise manner so that the other party understands the nature of the problem. The purpose of the demand letter is to encourage a resolution without going into a lawsuit and spending more time and money on a case than necessary. However, when a demand letter fails to get the results the plaintiff is expecting, the next step in the litigation process involves filing a complaint, or summons, with the court, which officially starts the legal claim. The plaintiff then has 120 days to serve the complaint on the defendant who has to respond to the complaint within 21 days of receiving the summons or 60 days if they are outside of the United States.
When the complaint is filed with the court, it must contain:
a) the names of the parties;
b) a statement of the facts that are the basis of the case;
c) the particular legal causes of action;
d) the relief or remedies sought; and e)
the signature of the attorney or the self-representing plaintiff.
Once these elements are in place, the court sends a summons to the defendants named in the complaint. The summons informs the defendant(s) that they are being sued and provides contact information for their attorney or self-representing plaintiff. The summons also includes details on where and how the complaint can be served upon the defendant by a law enforcement officer and informs them of how long they have to respond to the complaint by a set date.
After the complaint is served to the defendant(s), the answer is given back to the plaintiff or his/her attorney. An answer is normally due 20 days after the complaint has been served to the defendant(s), and should contain the defendant(s) defense against the complaint and a general denial of all allegations the plaintiff made in the complaint. When a defendant does not respond to the complaint in the time frame outlined in the summons, the plaintiff is entitled to request a default judgment from the court. A motion for a default judgment makes the complaint undisputed, meaning that it will be granted without contest upon the judge’s decision. A default judgment can only be given by a judge if the party has fallen to respond in the time set forth by the court and the judge has been given no other reason to dispute the claim. After a request for a default judgment has been submitted, a hearing date is set where the plaintiff presents evidence and the claim to a judge. If the judge finds in favor of the plaintiff at the hearing, a default judgment will be entered for the plaintiff and the defendant must abide by the judgment set forth by the court.
After the defendant(s) have responded to the claim, the next step in the legal process is known as discovery. Discovery offers both parties to the suit an opportunity to gain information on the case, in order to develop their legal arguments, has two phases. The first phase of discovery involves written questions (interrogatories) and document requests, where both the plaintiff(s) and defendant(s) can ask about specific aspects of the case against the other party. Each question or document request must be answered within a certain amount of time, usually 30 days. The second phase of discovery involves oral depositions. A deposition is given for the purpose of having each party’s memories preserved and discoverable evidence obtained by having them testify under oath before the judge. During a deposition, the defense attorney and the plaintiff’s attorney have the opportunity to ask questions of the other party and observe their nonverbal responses. Just like the written answers within the interrogatories, the oral answers at a deposition must be disclosed to both parties. The deadline for completing discovery is usually set by the judge, but once the deadline has passed, the last stages of a legal claim can begin.
Potential outcomes of a legal claim
The resolution of a legal claim can take several forms, including settlement, court judgment and, when necessary, appeal. If the parties are able to reach a settlement agreement — often the preferred outcome of both sides — this will bring the matter to a close. Any settlement agreement should be reached in writing and signed by both parties. The terms of the settlement will be outlined in the agreement, and as with any other type of contract, both parties are required to comply with its terms. If a party fails to do so, the other can return to litigation.
When a lawsuit reaches a judgment, it is a resolution that is adjudicated by a judge and becomes part of the public record. Although a judgment is generally final, it is possible to appeal in certain cases. For instance, if you feel that the other party did not tell the truth or did not provide evidence, you can often appeal a judgment. It is possible to appeal only certain parts of a judgment, such as a monetary amount awarded, or the entire judgment .
Appeals reverse or overturn a judgment that occurred in the lower court. When a case is appealed, a higher court reviews the decision and either affirms it or reverses it. A reversal does not necessarily mean the end of the case; it can also mean the matter must be retried in the lower court, usually with specific instructions on how the lower court should handle the case. For example, if new evidence was discovered that would have changed the outcome, it may be sent back to the lower court for a retrial. An appellate court can also decide to award a sum of money to a party, thereby upholding the lower court’s decision but modifying it by rectifying a specific issue.
Not all matters are eligible for an appeal. For example, there are strict time limitations on available appeals, and in many cases, the appellate court will only address questions of law rather than whether the lower court did the right thing.
Most of the time, appellate judgments are final and cannot be appealed except in rare cases that hinge on constitutional law questions.
Obstacles facing legal claims
When it comes to pursuing a legal claim, claiming it is much easier than proving it. Proving the facts and circumstances leading to the claim can be quite difficult. For instance, in personal injury claims, liability may become an issue, with one party denying responsibility for the accident by blaming another person or even the claimant. This can trigger a blame game that can further complicate the situation, as each party strives to prove that the other is at fault. In cases of property damage claims or product liability claims, the success of the claim relies heavily on an understanding of the case, the defects in the product or property, and the specific laws governing that claim.
In addition to proving liability, it can be quite difficult to gather the information needed to ensure success. A lot of research should be conducted not only for hard information but also to find those who can testify on your behalf. Following the accident, crime, or other ordeal, witnesses and other parties may be difficult to find. Especially if you are pursuing an injury claim against another party who is also seeking damages for the damages from that incident, you may need the testimony of others to prove that your claim is legitimate in the face of opposing claims. When clients are seeking their long-awaited justice, failing to locate important witnesses or evidence can be devastating.
Finally, legal claims can be difficult for clients who have suffered serious injuries. The legal process can move slowly. Those who have suffered serious financial, emotional, and physical impacts from their incident do not want to endure lengthy legal proceedings. The sooner you can receive the justice or compensation you deserve, the better.
The importance of legal representation
The nature of a legal claim is such that it can be very difficult for a person without experience in dealing with the law to understand what they are entitled to, and how to pursue the available remedies. For this reason, having the right legal representation is essential to successfully navigating the legal process.
In the first instance, a lawyer can give you legal advice to help you understand your claim and your options as to how to best proceed. This can include such things as;
Having an understanding of your rights under the law is crucial to effectively taking steps to protect your interests. Even if it’s decided that action at law is not appropriate an initial consultation with a lawyer is important to understand your situation and give you peace of mind that you have taken the necessary steps to make your legal rights enforceable. It’s important to remember that strict time limits apply to various claims both in the way of serving claims, and within which you have to start court proceedings otherwise you may lose your right to pursue your claim.
As well as giving you proper legal advice from the start on how to deal with your legal situation , having a lawyer involved from the very start means that your interests are properly protected in any dealings you have with other parties involved. Whether it’s negotiating a settlement or communicating with the other side and their representatives, if you’ve got a lawyer looking out for your interests you are far less likely to fall victim to deceitful practices or people trying to take advantage of you. Your lawyer can also liaise with other solicitors and barristers for matters that may require either mediation or litigation.
Having a lawyer assist you with negotiations can often lead to an outcome that is far more desirable than if you were to attempt to negotiate on your own behalf, particularly if negotiations require some firmness, or detail an experienced lawyer has the skills to put forward, or counter. More often than not there are procedural requirements or strict timelines associated with certain legal situations and having a lawyer involved from the beginning of the matter means that you have someone supervising the situation and advising you of your responsibilities to the Court as well as to other parties involved.