What is a Claim?
A claim is a legal right that you assert against another individual or entity. It could be for money, property, or a specific type of action. The majority of claims are for monetary compensation to cover financial losses incurred as a result of an accident or similar incident.
Aside from a traditional lawsuit, the term “claim” is used in other contexts, such as workers’ compensation and obtaining Social Security benefits. A claim can be any legal right to money, property, or benefits. There are several ways to use a claim in a legal context.
What Are the Different Types of Claims?
In the legal context, there are various types of claims. A claim is organized into three types: legal claims, equitable claims, and insurance claims.
A legal claim is more than likely the first thing that comes to mind when you hear the word “claim.”
A legal claim is made when someone else causes you harm or damage, and you want them to compensate or repay you for your losses. To prove your claim, you must meet certain qualifications, and your damages must be related directly to the wrongs that occurred.
This type of claim seeks to make you whole again. For example, if the accident had not occurred, you would not have had to pay medical bills, missed time at work, etc. When someone suffers damages or pain because of another person or entity, the at-fault party deserves to be held accountable for any expenses they caused you to incur.
The majority of personal injury cases are based on legal claims, for example:
- Auto Accident
- Premise Liability Accident
- Product Liability Cases
- Workers’ Compensation Cases
- Dog Bite Cases
- Social Security Claims
A different type of damage is sought in an equitable claim than in a legal claim. Money may be involved, but the damage is based on underlying notions of fairness. This claim may also include non-monetary items such as specific performance or an injunction.
- A specific performance necessitates that someone else does something, such as finish a contract.
- An injunction prevents someone from acting.
Sometimes these remedies can help to prevent future damages.
Insurance claims are different from legal claims. The process of asserting a claim with an insurance company does not rely on legal requirements.
Each insurance company has its own reporting requirements that must be met so that you do not inadvertently waive your right to make a claim against your own insurance company. This factor is frequently mentioned, for example, in the context of uninsured motorist coverage.
A lawsuit could be the following step if a claim is not honored, is denied, or is otherwise neglected.
Contact an Attorney to Help With Your Claim
No matter which claims you have, it’s always best to schedule a free consultation with an attorney to find out how they can best assist with your case.
During your free consultation, your attorney will let you know how they will help win your case.
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