Claims

Claims are what are filed by petitioners in a civil case who wish to seek compensation for some damages they have allegedly suffered as a result of another party's actions or negligence. Claims must be filed within a specific time period set forth by the law. Claims must also be filed with the appropriate court. The court that will handle particular claims often depends on the amount of money in question and the type of matter at hand. The rules and statutes regarding the filing of civil claims are established by individual federal or state laws which can vary substantially by jurisdiction.

Civil claims may be filed for numerous reasons. When a person suffers injury as a result of another's action, recklessness, malpractice, or negligence, they have the right to file a claim against the person responsible. Examples of person injury claims can include but are not limited to: auto accidents, work related injuries, defective drugs, defective products, nursing home abuse, medical malpractice, dog bite injuries, exposure to toxic materials, and much more.

Claims can also be filed when a breach of contract or a breach of some specified duty has taken place. A contract involves an agreement between two parties that specifies what can and cannot be done and each party's responsibility to one another. When one party violates this agreement, they may have the legal right to file civil claims. Claims may also arise for a number of different non-criminal disputes.

Most jurisdictions have small claims courts which are courts of limited jurisdiction that exist to handle claims, at or below a certain value, efficiently and economically. The small claims process is typically less formal than other civil claims, the parties may not always be represented by attorneys, a judgment is given right away, and appeals rights are limited. Parties involved in small claims have the right to seek legal assistance from a variety of sources, including attorneys, information centers, and self help resources.

The types of disputes that are typically handled in a small claims court include such things as breach of contract, landlord/tenant disputes, debt collection, breach of warranty, and things of this nature. Claims that are not handled by the small claims court include: family law claims, bankruptcy claims, suits against a federal entity, most personal injury claims, and criminal cases.

There are some courts, aptly named the Court of Claims, which have special jurisdiction over civil matters involving a certain amount of money sought in claims against government or related entities. There is a federal Court of Claims that includes sixteen judges authorized to handle claims against federal agencies or related agencies. There are also state courts of claims that handle civil litigation against a state government agency or related entity.

If you would like to learn more about claims, including where and how they are handled and your rights and options, please contact us to speak with a qualified and experienced attorney in your area who can help.