Claim

Understanding Legal Claims in Connecticut

A claim is a legal right you assert against another individual or party. This right may involve money, property, or an action you want the other party to perform (or stop performing). Many claims arise from financial losses caused by an accident or another harmful incident, but they can also involve benefits or entitlements like workers’ compensation or Social Security.

Here’s an overview of the types of legal claims and how they may apply to your situation.

Types of Legal Claims

Legal claims generally fall into one of two categories: legal claims or equitable claims.

1. Legal Claims

A legal claim occurs when someone else causes harm or damages, and you seek compensation for your losses. To succeed, you must prove that the harm was directly caused by the other party’s actions or negligence.

Legal claims aim to restore you to your position before the incident. For example, if someone’s negligence caused your injury, you could seek compensation for medical bills, lost wages, and other related expenses.

Examples of Legal Claims:

• Car Accidents: Seeking damages for injuries and vehicle repairs caused by a negligent driver.
• Slip and Fall Injuries: Filing a claim against a property owner for unsafe conditions that caused your accident.
• Dog Bites: Holding a dog owner accountable for injuries caused by their pet.
• Product Liability: Filing a claim for injuries caused by defective or dangerous products.
• Workers’ Compensation Claims: Seeking benefits for injuries sustained while on the job.
• Social Security Claims: Asserting your right to Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).

Legal claims can be based on case law or Connecticut statutes, depending on the situation.

2. Equitable Claims

An equitable claim seeks remedies that are not solely financial. Instead, it asks for action or fairness in a specific situation.

Examples of Equitable Claims:

• Specific Performance: Requesting the court to require the other party to fulfill their contractual obligations.
• Injunctions: Asking the court to stop someone from taking harmful or illegal actions.

Equitable claims often prevent future damages or provide remedies when monetary compensation isn’t sufficient.

Insurance Claims

Insurance claims operate separately from legal or equitable claims. If you’re injured or experience damages, you may file an insurance claim to recover compensation under your policy or the at-fault party’s policy.

Every insurance company has its own rules and procedures for filing claims. It’s essential to follow these guidelines to avoid losing your right to compensation.

For example:

• If you’re involved in a car accident, you might need to file a claim under your uninsured/underinsured motorist coverage.
• If the insurance company denies your claim or offers inadequate compensation, you may need to file a lawsuit to recover your losses.

When a Claim Becomes a Lawsuit

If your claim isn’t resolved—whether it’s ignored, denied, or inadequately addressed—you may need to escalate the matter by filing a lawsuit. This step involves pursuing compensation through the courts with the help of an experienced attorney.

How Bert McDowell Injury Law Can Help

Navigating the claims process can be overwhelming, especially if you’re dealing with injuries or financial losses. At Bert McDowell Injury Law, we have years of experience helping individuals assert their rights and recover the compensation they deserve.

Why Choose Us?

• Expert Guidance: We’ll help you understand your claim and the steps required to pursue it.
• Aggressive Representation: If your claim requires legal action, we’ll fight to protect your rights and maximize your recovery.
• No Upfront Fees: You don’t pay unless we win your case.

Get Your Free Consultation Today

If you have a claim and need help understanding your options, contact Bert McDowell Injury Law for a FREE consultation today. Call (475) 231-3274 or fill out our online form to get started. Let us handle the legal complexities while you focus on recovering.