Claim: Legal Definition
Posted on January 31, 2019 | Categorized:
The legal definition of a claim is to ask for, or demand, a right to compensation.
The related term “filing a claim” is the act of submitting a formal petition to recover the specified damages from another party through the legal system.
Types of Legal Claims
There are several types of claims that can be filed in the legal court system, including but not limited to:
The specific type of claim you file will depend greatly upon the accident or incident that caused your losses, injuries, or expenses. Depending on the details of the case, a claim might involve several different people or organizations, and it might pursue compensation for economic, non-economic, and even punitive damages.
Important Requirements of a Claim
The exact requirements of a claim will often depend on the type of claim that you are filing. However, most legal claims will include the following information:
- The type of claim
- The intended recovery amount
- The entity making the claim (i.e., the plaintiff)
- The entity responsible for the claim (i.e., the defendant)
The plaintiff would then file this legal claim within the appropriate jurisdiction, which is the location in which the accident, injury, or incident occurred. A lawyer familiar with the claim’s area of law can help ensure this is done correctly.
Purpose of Filing a Legal Claim
A legal representative or a plaintiff will file a claim in an attempt to recover damages. These damages might include medical bills, lost wages, and work benefits, property damages, household renovations, and any other costs that they are dealing with as a result of the other party’s negligence.
The state of Florida requires that a personal injury claim demonstrate the following elements:
- Duty of care: The responsible party held a legal duty of care to the plaintiff.
- Breach of duty: The responsible party breached that duty in some form, either through negligence or intentional harm.
- Causation: The negligence was the cause of the accident or injury.
- Damages: The breach of duty was the cause of actual damages.
Discuss Your Claim with a Lawyer Today
The legal team at Chalik & Chalik Injury Lawyers is ready to help you file your claim. Whether you are dealing with a car accident claim or a third-party personal injury claim, we can help you navigate your case and pursue the compensation that you deserve. Call us today at 855-529-0269 for a free evaluation of your case.