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 BP’s Coercive Tactics

BP’s Coercive Tactics BP Violates Oil-Pollution Law in Gulf Spill Claims Process, Lawyers Say By Margaret Cronin Fisk and Laurel Brubaker Calkins BP Plc is using “coercive tactics” to force victims of the 2010 Gulf of Mexico oil spill to … Continue reading

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Gulf of Mexico Oil Spill Blog Columbus Fish and Seafood

Columbus Fish and Seafood Year After Gulf Oil Spill, Columbus Company Still Waits For Claim By Tom Brockman COLUMBUS, Ohio – It’s been more than a year since a massive oil spill in the Gulf of Mexico. Aside from the … Continue reading

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Gulf of Mexico Oil Spill Blog Gulf Coast Claims Facility Health Claims

Gulf Coast Claims Facility Health Claims Administrator: No claims filed on cleanup illness BATON ROUGE, La. — The attorney overseeing the payments from a $20 billion compensation fund says he hasn’t seen any claims filed suggesting that the Gulf oil … Continue reading

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Gulf of Mexico Oil Spill Blog BP Health Claims

BP Health Claims BP hit by health claims over Gulf of Mexico clean-up By Richard Blackden, US Business Editor BP must compensate the crews of boats and residents who were allegedly harmed by chemicals used cleaning up last year’s oil … Continue reading

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Gulf of Mexico Oil Spill Blog BP Denies Compensation Alabama Cities Mexico States

BP Denies Compensation Alabama Cities Mexico States BP Denies Oil Spill Claims by Alabama Cities, Mexico States By Laurel Brubaker Calkins and Allen Johnson Jr. (Updates with BP lawyer’s argument in fourth paragraph.) March 28 (Bloomberg) — BP Plc denies … Continue reading

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Gulf of Mexico Oil Spill Blog Oil Pollution Act of 1990 Claims Deadline

Oil Pollution Act of 1990 Claims Deadline Q&A on filing Gulf oil spill claims What is the deadline to file claims in court over the oil spill? Technically, people have three years to file claims in connection with the Gulf … Continue reading

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Gulf of Mexico Oil Spill Blog Alabama Gulf Oil Spill Litigation Deepwater Horizon Explosion

Alabama Gulf Oil Spill Litigation – Deepwater Horizon Explosion Governor Bentley, AG Strange Release Joint PSA Regarding Upcoming Deadline for Oil Spill Claims The United States District Court is overseeing all lawsuits relating to the Deepwater Horizon Explosion and the … Continue reading

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Gulf of Mexico Oil Spill Blog April 20 Deadline for Federal Transocean Claims

April 20 Deadline for Federal BP Claims State encouraging oil spill victims to file claims MONTGOMERY, Ala. (AP) – The state of Alabama is encouraging victims of the BP oil spill to file claims with a federal court ahead of … Continue reading

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Gulf of Mexico Oil Spill Blog Peer Review of Wes Tunnell Report Demanded

Peer Review of Wes Tunnell Report Demanded Gulf oil spill claims czar under fire for rosy recovery estimates By Sue Sturgis BP oil spill paymaster Kenneth Feinberg released a draft plan this week for deciding payments on final claims for damages … Continue reading

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Gulf of Mexico Oil Spill Blog Claimants Starving to Death

Claimants Starving to Death For BP Oil Spill Claimants in Gulf, Needs Haven’t Been Met Ken Feinberg, Gulf Oil Spill Pay Czar, Under Fire For Slow Claims Process By MATT GUTMAN and JENNIFER METZ When the money ran out, shrimper … Continue reading

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