{"id":7059,"date":"2017-11-07T00:42:52","date_gmt":"2017-11-07T00:42:52","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=7059"},"modified":"2018-01-21T06:20:25","modified_gmt":"2018-01-21T06:20:25","slug":"claim-a-statement-of-something-yet-to-be-proved-is-true-along-with-a-demand-for-money-property-or-a-legal-remedy-to-which-one-asserts-a-right-especially-the-part-of-a-complaint-in-a-civil-action","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=7059","title":{"rendered":"File a Claim – a legal demand for compensation, payment, or reimbursement, for a loss or injury caused by a breach of contract or a tort"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Civil Law Self-Help Walkthrough<\/a> >>>> Section 4<\/a>:<\/strong><\/span><\/p>\n

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\u00a0 \u00a0 \u00a0The general principle is that the claimant is entitled to full compensation<\/a> for his or her losses.\u00a0 \u00a0In tort<\/a>, the purpose of damages<\/a> is to put the claimant<\/a> in the position that s\/he would have been in had the tort not been committed.\u00a0 In Contract<\/a>, the purpose of damages is to put the claimant in the position that s\/he would have been in had the contract been performed.\u00a0 In either case the claimant must take all reasonable steps to mitigate his or her losses.<\/strong><\/span><\/p>\n

\u00a0 \u00a0 When an action is filed to recover damages only, and not brought for the specific recovery of lands, goods, or sums of money, the usual course is to issue a writ of inquiry<\/a>. \u00a0By virtue of such writ, the sheriff, aided by twelve lawful men, ascertains the amount of damages, and makes return to the court of the inquisition, which, unless set aside, fixes the damages, and a final judgment follows.<\/strong><\/span><\/p>\n

\u00a0 \u00a0 But when the action is founded on a promissory note, bond, or other contract in writing, by which the amount of money due may be easily computed, it is the practice, in some courts, to refer to the clerk or prothonotary the assessment of damages.\u00a0 In such cases no writ of inquiry is issued.\u00a0<\/strong><\/span>[1]<\/span><\/p>\n

claim<\/span>:
\n<\/strong>n.\u00a0<\/em>(13c)<\/span><\/span><\/p>\n

l. A statement that something yet to be proved is true<\/strong> <claims of torture><\/span><\/p>\n

2. The assertion of an existing right; any right to payment or to an equitable remedy, even if contingent or provisional<\/strong> <the spouse\u2019s claim to half of the lottery winnings>.<\/span><\/p>\n

3. A demand for money, property, or a legal remedy to which one asserts a right; especially the part of a complaint in a civil action specifying what relief the plaintiff asks for.\u00a0 <\/strong>aka\u00a0claim for relief<\/strong><\/em><\/span> (1808). <\/span><\/p>\n

4. An interest or remedy<\/a> recognized at law; the means by which a person can obtain a privilege, possession<\/a>, of enjoyment of a right or thing<\/strong>; CAUSE OF ACTION (1)<\/strong><\/a> <claim\u00a0against the employer for wrongful termination>. [2]\u00a0<\/span><\/p>\n

1. A legal assertion; a\u00a0legal demand<\/a>; Taken by a person wanting\u00a0compensation<\/a>, payment, or reimbursement for a loss under a contract, or an injury due to negligence. <\/strong><\/span><\/p>\n

2. Amount a claimant demands.<\/strong> [3]<\/span><\/p>\n

1. A demand for money or property; the assertion of a demand, or the challenge of something, as a matter of right; a demand of some matter, as of right, made by one person upon another to do or to forbear to do some act or thing, as a matter <\/span>of duty, Vulcan Iron Works v Edwards<\/em>, 27 Or 563, 36 P 22<\/span>; a challenge by a man of the propriety or ownership of a thing, which he has not in his possession, but which is wrongfully detained from him, Prigg v Commonwealth of Pennsylva<\/em><\/span>nia<\/em> (US) 16 Pet 539, 10 L Ed 1060<\/span>; a demand made by the owner, or on behalf of the owner, of a vessel for its return after a seizure of the vessel by way of perfecting a forfeiture thereof by a proceeding in admiralty.\u00a0 48 Am J1st Ship \u00a7 30<\/span>; a demand against an insurance company for payment of a loss; a writing which uses words showing an intention to claim benefits under veteran\u2019s insurance.\u00a0 29A Am J Rev ed Ins \u00a7 1989<\/span>; an assertion of ownership to a portion of the unappropriated soil of the public domain, protected by an entry in accordance with the federal statutes.\u00a0 <\/span><\/span><\/strong>42 Am J1st Pub L \u00a7 19<\/span>; a precise assertion of rights by an inventor respecting his discovery or invention.\u00a0 40 Am J 1st Pat \u00a7 92<\/span>; a cause of action for some purposes.\u00a0 As used in a statute concerning claims against the state and providing for their enforcement by suit, the term is equivalent to \u201ccause of action<\/a>.\u201d Northwestern & Pacific <\/em><\/span><\/span>Hypotheek Bank v State of Washington<\/em>, 18 Wash 73, 50 P 586<\/span>.
\n<\/span><\/strong>The term does not include causes of action purely equitable and in which purely equitable relief is sought. Ashbauth v Davis<\/em>, 71 Idaho 150, 227 P2d 954, 32 ALR2d 361<\/span>.<\/strong>
\n<\/span>See adverse claim<\/em>; mining claim<\/em>.\u00a0[4]<\/span><\/p>\n

1. Something demanded as a matter of right.<\/strong><\/span><\/p>\n

2. A civil case.<\/strong><\/span><\/p>\n

3. With respect to commercial paper, a right to the instrument on its proceeds.<\/strong><\/span>\u00a0<\/strong>[5]<\/span><\/p>\n

Related Terms:<\/span><\/strong><\/span><\/p>\n

claims adjuster<\/a><\/span> – a person who makes a determination of the value of a claim against an insurance company for the purpose of arriving at the amount for which the claim will be settled.<\/strong><\/span><\/p>\n

\n

claimant<\/a><\/span> – one who claims or makes a claim; an applicant for justice; a plaintiff.<\/strong><\/span><\/p>\n

claims courts<\/a><\/span> – a federal or state court for asserting claims against the government, such as the U.S. Court of Federal Claims<\/a>.<\/strong><\/span><\/p>\n

General Terms for Various Types of Claims:<\/strong><\/span><\/p>\n

ancillary claim<\/span><\/a> – a claim that is collateral to, dependent on, or auxiliary to another claim.<\/strong><\/span><\/p>\n