Understanding Legal Claims: A Comprehensive Guide

What is a Legal Claim

Legal claims provide the justice system with ways of categorizing the various disputes and corresponding remedies it hears in order to apply laws consistently and fairly. A legal claim is the formal assertion of a right, demand for justice or legal recovery based on the violation of a specific law or rule.
For example, a suit alleging that the defendant did not live up to the terms of a contract is a contract claim. Or, a lawsuit asserting the defendant did not have a legal right to dispose of property would be considered a property claim.
The important aspect to note here is that the definition or explanation of a legal claim does not change the essential elements of a civil lawsuit. Courts will typically not take up legal claims outside of the context of a lawsuit . Courts do not require a plaintiff to know exactly what legal claim he or she is asserting in a complaint provided they are filed within the appropriate statute of limitations.
A legal claim asserts a violation of a right based on one or more rules as stated in:
Or, to put it more simply, a legal claim seeks a remedy for an uncompensated harm. The penalty is typically money or equity such as an injunction against the violation. Failure of a party to respond to a claim may result in a default judgment against that party.
Some of the more common legal claims are fraud, negligence, breach of contract, unjust enrichment, declaratory relief, tortious interference and a multitude of claims belonging to the family of claims under the Americans with Disabilities Act.

Categories of Legal Claims

Claims can be made over various matters, both independently and combined in one matter. The first classification of claims groups the claims according to the fields of law to which they relate. Thus, claims may be civil claims, criminal claims, administrative claims, claims under constitutional and international law, tax claims, insurance claims, etc.
Different classifications are possible based on other criteria. Claims may be classified according to whether they are proprietary or non-proprietary claims. Proprietary claims may be claims over obligations and payments, and non-proprietary claims are claims of an organizational and tax nature, such as the establishment of a nonprofit organization and the payment of taxes. Certain claims are by their nature not subject to litigation. Such are economic claims and criminal claims that have a grave impact on foreign relations if claims are filed against diplomats;
Another classification distinguishes between private and public claims. Private claims are claims of a private nature, filed against taxpayers or individuals for specific infringements or violations. Public claims are filed by institutions that represent the public interest. Such claims are claims of violation of public policy. Any infringement of public policy by specific individuals may therefore lead to claims of public policy. Claims relating to asylum are among the most frequent public claims.

How a Legal Claim is Filed

Lawyers initiate legal claims by filing certain pleadings or documents with a court. In addition to initiating a case, the lawyer must file the documents in the right court, or county. Most courts have local rules governing such cases, and many counties have their own local rules as well. Lawyers who do not follow the local rules can wind up paying money for not doing so. Many lawyers on occasion have to pay fines for failing to follow local or state rules.
Legal claims start out as pleadings, sometimes referred to as complaints, cross-complaints, and petitions. In the federal court system, the federal rules of civil procedure govern how pleadings are filed, and what information they need to contain.
In a legal case, when a lawyer files a complaint he or she is asking a court to decide his client has the right to relief. The lawyer must describe the basis for the case. The lawyer must tell the court what happened to the plaintiff, if there was a written contract or oral agreement, and which of the defendant’s actions were wrongful.
In some cases where the person filing for relief is paying fees and seeks a remedy, this person is called the "plaintiff." In other cases where the defendant must show the merits of the case, the person seeking relief is called the "respondent" and must respond to a claim, like a guardian case. In some cases, the person seeking relief is called the "petitioner," where the person must show the merits of the issue.
When a party begins a legal proceeding, they must notify other parties involved in the legal proceeding. Upon the filing of a complaint, the lawyer who files the complaint must now serve a copy of it on the defendant. The lawyer has to do this according to the rules of the court where the case is filed. Most courts have various means of serving copies of pleadings upon defendants, including personal service, service by mail, and electronic service.
In some cases, the lawyer must assist the plaintiff in a very serious case known as a writ of mandamus or an extraordinary writ, asking a court to issue the writ. These types of cases often request injunctive relief, which is very, very rare in the practice of law.

Key Aspects of a Legal Claim

Typically, a successful legal claim must include the following essential elements: First, there must be Causation. If there is any other factor or parties at fault, the defendant is not responsible and will not be liable. Second, there needs to be Damages. Without harm, there is no one damaged and in turn, there is no case. Third, there must be a Duty of Care. This means there is an element of responsibility and the ability to foresee consequences that an individual or company has. Fourth, there must be Breach of Duty. Breach of Duty means not transferring all information and not informing the victim of what is going on, thereby not holding up the Duty of Care. The more willing and able they are to inform, the stronger the Duty of Care. Fifth, the Claim must be within the Scope of the Claim. Put simply, this means the injury must be related to the original claim and nothing outside of that scope can be held against the defendant. Finally, the Cause of Action in the claim must be Persuasive. This means the claim must be clear, concise, logical, and believable.

Common Issues in Legal Claims

When seeking to pursue a legal claim, individuals often encounter a variety of common challenges, each requiring careful navigation. One of the most prevalent issues is the statute of limitations. This legal time period varies between 1 and 10 years, depending on the type of loss or harm a person is claiming. If a claim is not made within this specified time frame, an individual may lose out on their opportunity to seek the compensation they feel may be owed.
Another challenge that must be addressed when departing from a strict statute of limitations period is the doctrine of equitable tolling. Though difficult to apply or argue, equitable tolling is when the Court stays a statute of limitations filing requirement if the injured party makes it impossible or impracticable for the potential defendant to defend the lawsuit. A good example of equitable offsetting is where the defendant is also suing the plaintiff in another forum or state court because it may be good for the plaintiff if both cases proceed at the same time.
A less common hurdle arising from lost claims is equitable estoppels. Equitable estoppels arise when the plaintiff is allowed to file an untimely claim when there is a contractual right to file said claim pursuant to the rules or guidelines of an industry. For example, the 401B rules allow a claim for 24 months related to toxic exposure to a workplace injury . A clam is filed for work-related thigh cancer that the plaintiff apparently received from his job working at a rubber plant. The plaintiff files a lawsuit against the defendants for damages and takes a judgment in her favor over the objections of the as the statute of limitations had expired. In that scenario, equitable estoppels may apply and the defendant may still be entitled to recover for damages.
Fairly common problems with loss or damage claims are when the initiating doctrines of duty, breach of reasonable care and specific damage have all been violated at different times. A good example is a vehicle accident that causes the plaintiff to sustain bodily injuries. The three doctrines arguably involved in the action are negligence, fault, and liability. Ultimately all three doctrines must strictly apply if the plaintiff is entitled to recover. A violation or failure to argument any of the three doctrines leaves the defendant with the opportunity to pursue offsets.
This is particularly true with insurance contracts. The doctrine of estoppels or offset can be especially promising when there was an initial assumption of coverage for an insured risk. The initial assumption of coverage may be based on the defendant’s action and delay. Many times breathtaking statutes of limitations periods provide ample time to ask for offsets if the defendant has a legitimate reason why they initially did not pay for damages.

The Role of Attorneys in Legal Claims

Within the complex world of legal claims, a lawyer’s role expands well beyond that of merely providing legal advice. These professionals are invaluable in their ability to address the many aspects of a case, from consultation and investigation through trial and settlement negotiation. As highly-trained legal experts, they ultimately serve several key functions in the handling of legal claims, such as: Advice. Lawyers who focus on the handling of legal claims generally act as a client’s advisor from the outset, focusing on the possible merits of the case, and advising the client on the best path forward. They may offer a free initial consultation, during which they sit down with the potential client to review the matter. A lawyer may use this meeting to ask specific questions about the client’s experience and perspectives on the case at hand, explaining both the merits and pitfalls of pursuing a claim. In many cases, the lawyer may explain that their assistance is not required and that the matter can be pursued independently. In other cases, the lawyer may take on the case. Investigation. It is the lawyer’s responsibility to present a compelling case for the client. To do so, they must thoroughly investigate the situation and identify available avenues of recourse. A lawyer may work with the client to gather all relevant materials, study complex or technical matters, and consult with other professionals to better understand the context surrounding the relevant facts. This can include reviewing records like leases or contracts, examining details related to the nature of the loss, and conducting depositions that will help answer key questions related to a claim. Strategy. Both before and after the filing of a legal claim, a lawyer provides invaluable strategic insight aimed at supporting the client’s goals. A lawyer may recommend sending a demand letter to a third party or filing a claim in the appropriate court. When the case is in motion, a lawyer may develop a number of strategies to pursue the case both in and out of court. This occurs whether they are litigating a case or trying to collect from a relative or a friendly neighbor. The ultimate goal is to maximize recovery through any means, whether it is negotiating a settlement or reaching a resolution through litigation. Trial preparation. Not all legal matters end up going to court. However, if an agreement cannot be reached either before or during trial, a lawyer may represent their client’s interests in court. This entails preparing exhibits, drafting pleadings, and asserting legal arguments in favor of a recovery. These key roles obviously make a lawyer a multi-faceted resource for their clients. While there may be instances where a person feels capable of handling themselves through all stages of a legal claim, many legal professionals will recommend hiring a lawyer to most effectively address the complexities that will arise.

Resolving Legal Claims Outside of Court

Even when you think you have a great case, and even when the other side thinks that they have a terrible one, both of you will still want to settle your legal claim out of court. Settling out of court obviously saves time, it is cheaper, and it allows both you and the other side to remain in control over the outcome. Almost flat out of court settlements are actually negotiated pleas, which are the primary form of dispute resolution for criminal cases. Although less common, and almost always voluntary, civil matters can be presently settled out of court as well. Your attorney might encourage you to enter into mediation or arbitration.
Mediation is a voluntary procedure where you and the other side will meet with a mediator. The mediator will listen to both parties and help both sides appreciate their positions. Both sides will then sign a "mediated settlement agreement" that will be legally binding upon both you and the other side.
Arbitration is a lot like a mini-trial. Both you and the other side will present your legal claims and supporting evidence to a referee (the arbitrator or panel of arbitrators), who will listen to each side and will decide whether a particular claim exists or not. The decision made by the arbitrator or arbitration panel is final and can seldom be appealed.
Both methods are similar, but there are important differences between the two. The most important one is that once you agree to enter into mediation, you cannot be forced into arbitration and vice versa. That means that mediation could be worth a try before agreeing to something where you might not be able to escape. You can also try mediation and then opt for arbitration later after finding out that you can not settle the case in mediation.

Possible Resolutions to Legal Claims

Given the different types of legal claims, the outcomes will vary. However, generally speaking, there are three main potential outcomes to a legal claim: a win, a loss, or a settlement.
A win
Winning a claim would mean that the accused party has been found legally at fault for the matter stated in the claim. In many cases, the court will award damages to the claimant who filed the matter. Sometimes the winning party who brought the lawsuit will be awarded court costs related to the filing and handling of the legal claim. However, there may not always be a winning party, or one to receive damages.
A loss
Losing a legal claim would be the other side of the coin from winning a court claim. In many cases, the party who loses the lawsuit must pay the legal fees and court costs of the winning party. This is the case if a legal claim is successfully pursued in court instead of being settled . In this case, the accused party would owe a specific amount to the claimant and possibly be subject to further legal proceedings, such as bankruptcy court for the full recovery amount.
Settlement
It is common for parties involved in legal claims to settle rather than pursue a case thoroughly in court. In cases that are settled out of court, the accused party will compensate the claimant without needing to go through the entirety of a lawsuit. Still, there will be a significantly lower amount awarded in damages and other compensation than if the case were to be won in court. In these instances, the matter would be fully resolved, therefore ending the possibility of future legal claims against the accused party. Settlements can happen at any point: before a lawsuit is filed, during pre-trial hearings or even during an actual trial.