Category Archives: Claims

In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery, or false imprisonment). The legal document which carries a claim is often called a Statement of Claim in English law, a Complaint in U.S. federal practice and in many U.S. states. It can be any communication notifying the party to whom it is addressed of an alleged fault which resulted in damages from which it originates, often expressed in amount of money the receiving party should pay/reimburse.

To pursue a cause of action, a plaintiff pleads or alleges facts in a complaint, the pleading that initiates a lawsuit. A cause of action generally encompasses both the legal theory (the legal wrong the plaintiff claims to have suffered) and the remedy (the relief a court is asked to grant). Often the facts or circumstances that entitle a person to seek judicial relief may create multiple causes of action. Although it is fairly straight forward to file a Statement of Claim in most jurisdictions, if it is not done properly, then the filing party may lose his case due to simple technicalities.

There are a number of specific causes of action, including: contract-based actions; statutory causes of action; torts such as assault, battery, invasion of privacy, fraud, slander, negligence, intentional infliction of emotional distress; and suits in equity such as unjust enrichment and quantum meruit.

The points a plaintiff must prove to win a given type of case are called the “elements” of that cause of action. For example, for a claim of negligence, the elements are: the (existence of a) duty, breach (of that duty), proximate cause (by that breach), and damages. If a complaint does not allege facts sufficient to support every element of a claim, the court, upon motion by the opposing party, may dismiss the complaint for failure to state a claim for which relief can be granted.

The defendant to a cause of action must file an “Answer” to the complaint in which the claims can be admitted, denied, or insufficient information to form a response. The answer may also contain counterclaims in which the “Counterclaim Plaintiff” states its own causes of action. Finally, the answer may contain affirmative defenses. Most defenses must be raised at the first possible opportunity either in the answer or by motion or are deemed waived. A few defenses, in particular a court’s lack of subject matter jurisdiction, need not be plead and may be raised at any time.

Gulf of Mexico Oil Spill Blog Claims Legislative Committee

Claims Legislative Committee Gulf of Mexico oil spill claims process to be examined by legislative committee By Jan Moller Frustrated with the work of BP claims czar Kenneth Feinberg, state House and Senate leaders have formed a special committee designed … Continue reading

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Gulf of Mexico Oil Spill Blog Bill Nelson BP Claims

Bill Nelson BP Claims Sen. Nelson repeats call for quicker BP payments by RANDAL YAKEY PANAMA CITY BEACH — U.S. Sen. Bill Nelson made a brief stop at Naval Support Activity Panama City on Friday to urge a revival of … Continue reading

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Gulf of Mexico Oil Spill Blog Feinberg Improper Increase of Burden of Proof

Feinberg Improper Increase of Burden of Proof BP Says $20 Billion Feinberg Fund `Exceeds’ Law Requiring Spill Payments BP Plc’s $20 billion oil-spill damages fund, run by Kenneth Feinberg, “far exceeds” the company’s legal obligations to compensate victims of the … Continue reading

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Gulf of Mexico Oil Spill Blog BP Propaganda

BP Propaganda BP Says Spill Settlement Terms Are too Generous By JOHN SCHWARTZ In the eight months since Kenneth R. Feinberg took over the $20 billion fund to compensate victims of the Gulf of Mexico oil spill, he has been … Continue reading

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Gulf of Mexico Oil Spill Blog Florida Chief Financial Officer Jeff Atwater

Florida Chief Financial Officer Jeff Atwater Florida CFO Seeks Claimants’ Feedback on BP Oil Claims Florida Chief Financial Officer Jeff Atwater is asking the state’s business community and BP oil spill claimants for their input regarding the claims handling process … Continue reading

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Gulf of Mexico Oil Spill Blog Deliberate Underpayment of Claims

Deliberate Underpayment of Claims BP Deliberately ‘Underpaying’ Claims, Mississippi Says By Laurel Brubaker Calkins and Margaret Cronin Fisk BP Plc is using the $20 billion fund run by Kenneth Feinberg to stall payment of interim damage claims and pressure “financially … Continue reading

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Gulf of Mexico oil Spill Blog Gulf Coast Claims Facility Denied Claims

Gulf Coast Claims Facility Denied Claims Oil spill claims: Plan to reconsider rejected business claims greeted warily By David Ferrara, Press-Register GULF SHORES, Alabama — Tourists might never know the name of his business, but Ron Kutter knows when they … Continue reading

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Gulf of Mexico Oil Spill Blog Gulf Coast Claims Facility Underpaying Victims

Gulf Coast Claims Facility Underpaying Victims BP Gulf of Mexico oil spill fund ‘underpaying victims’ BP’s oil spill compensation fund is underpaying victims, according to Mississippi’s attorney general. By Rowena Mason Jim Hood filed a court motion on behalf of … Continue reading

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Gulf of Mexico Oil Spill Blog GCCF Runaround Expert Ron Wright

GCCF Runaround Expert Ron Wright How the Game is Played I FILED A PERSONAL CLAIM IN AUG. THAT I RECEIVED MONEY BUT WHEN I WENT IN TO FILE FOR THE QUICK CLAIM I WAS TOLD BY SUPERVISOR RON WRIGHT I … Continue reading

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Gulf of Mexico Oil Spill Blog Victims Speak Out

Victims Speak Out Gulf Coast fighting for recompense Residents and fishermen outraged as BP’s compensation fund administrator denies ‘loss of income’ claims. by Dahr Jamail “I just got off the phone with Feinberg’s people and I’m really upset,” says seafood … Continue reading

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