Understanding Legal Claims in Civil Law
Learn what legal claims are, how they work, their types, and what’s needed to file a valid claim in court. 6 min read updated on May 15, 2025
Key Takeaways
- A legal claim is a formal assertion for compensation, remedy, or relief due to a wrong or injury.
- Legal claims can be categorized as legal, equitable, or hybrid.
- Filing a legal claim involves several steps, including drafting, submitting, and possibly negotiating.
- Legal claims vary by case type, such as tort, breach of contract, or statutory claims.
- Time limitations (statutes of limitations) and proper jurisdiction are crucial to valid claims.
Claim legal definition is a legal demand or assertion that is provided by a person who is seeking some type of reimbursement, payment, or compensation for a loss that is under a contract, or because of injury as a result of someone's negligence.
Statement of Claim Definition
A statement of claim definition is listed as a document that will outline the allegations of the plaintiff, that begins the judicial process for seeking a trial. In a statement of claim, the plaintiff must include:
- What their case is.
- The facts on which they are relying on to prove their claim.
The document will have to be filed with the court and copies supplied to the defendant so that they can review the facts of the case that the plaintiff is basing their case on. The document will usually be formatted in numbered paragraphs detailing each fact in detail.
There has been some debate about the level of detail that the statement must include. Some legal professionals feel the need for full disclosure of the facts to ensure transparency, while others focus on a more succinct draft. This can become an issue as some courts will not allow facts in a trial that were not listed on the initial claim that pushed the issue to go to court.
An example of this occurred in 1998 in the case of Gevaert versus Arbuckle, which stated the assertion that the statement of claim should fully disclose the case against the defendant. This ruling was made because it is the defendant's responsibility to answer the plaintiff's claim and to do so would require them to know the full facts of the case.
The statement of claim is a vital part of a court case as well as the trial process and making sure it is as detailed as possible will ensure that the defendant is properly informed and the trial judge is not disappointed by not having the full facts of the case before it proceeds to trial.
What Are Legal Claims?
A legal claim is a means for a plaintiff to show the court how the actions of the defendant had caused the plaintiff to suffer some sort of loss either in the past or one they expect to experience in the future. The end goal of a legal claim is to cover the costs of the plaintiff in a way to make them whole again after they have suffered a loss.
An example of a legal claim is a plaintiff who survives a car accident but as a result experiences major injuries. The plaintiff can bring a legal claim against the other driver who was at fault to pay for damages to cover the cost of the injuries as well as other monetary issues or possible loss of wages that will be suffered as a result of the accident injuries.
Types of Legal Claims by Case Category
Legal claims can arise in various legal contexts, each governed by specific rules and legal doctrines. Common categories include:
- Tort Claims: These involve civil wrongs like personal injury, defamation, or negligence. A typical example is a car accident lawsuit.
- Contract Claims: When one party fails to fulfill contractual obligations, the injured party may file a breach of contract claim.
- Statutory Claims: These arise from violations of laws passed by legislatures, such as discrimination or wage law violations.
- Property Claims: These involve disputes over ownership, boundaries, or use of real or personal property.
- Consumer Protection Claims: Filed against businesses for deceptive practices, faulty products, or violations of consumer rights.
Each type of legal claim may have unique procedural rules, evidence requirements, and remedies available to the claimant.
Elements of a Valid Legal Claim
For a legal claim to be actionable in court, it must generally contain the following elements:
- Legal Standing – The claimant must have a direct, personal interest in the matter.
- Duty – There must be a legal duty owed by the defendant to the plaintiff.
- Breach – The defendant must have violated that duty.
- Causation – The breach must be the direct cause of harm or loss to the plaintiff.
- Damages – The plaintiff must have suffered measurable harm or loss that can be remedied by law.
Failing to establish any of these elements may result in dismissal of the claim.
Statute of Limitations
Every legal claim is subject to a deadline known as the statute of limitations. This timeframe varies depending on the nature of the claim and the jurisdiction. For instance:
- Personal injury claims typically must be filed within 1–3 years.
- Breach of contract claims may allow 4–6 years.
- Medical malpractice claims often have shorter windows.
Missing the applicable deadline can permanently bar a claimant from seeking relief in court. It's critical to act promptly and consult with a qualified attorney to preserve your rights.
Legal Claim vs. Lawsuit
A legal claim is the underlying assertion of a right, whereas a lawsuit is the formal legal action initiated in court based on that claim. Not every legal claim leads to a lawsuit—many are resolved through:
- Demand letters
- Negotiations
- Alternative dispute resolution (ADR) such as mediation or arbitration
Filing a lawsuit is typically the next step if informal resolution fails.
How to File a Legal Claim
Filing a legal claim usually involves the following steps:
- Identify the Appropriate Court – Based on jurisdiction, amount in controversy, and type of claim.
- Draft the Complaint – A formal document stating the nature of the claim, relevant facts, and the relief sought.
- File with the Court – Submit the claim to the appropriate court clerk and pay any required fees.
- Serve the Defendant – Provide the opposing party with official notice of the claim.
- Await Response – The defendant will file an answer, and the legal process proceeds through discovery and possibly trial or settlement.
Filing incorrectly or in the wrong venue can result in delays or dismissal.
Legal Claims in Personal Injury Cases
In personal injury law, legal claims often seek compensation for medical bills, lost wages, pain and suffering, and other damages. These claims may be brought against:
- Negligent individuals (e.g., drivers)
- Property owners (in premises liability)
- Manufacturers (in product liability)
Proper documentation, medical records, and expert testimony are often critical to the success of such claims.
What Are Equitable Claims?
When a plaintiff seeks what is termed an equitable relief, they are asking the court to provide an injunction. This is a court order that will prevent another party from performing an act that has been specified in the injunction. The court will award an injunction if it is seen that it will prevent an action that could be considered harmful.
This is different from other legal claims in the fact that it is not done to compensate for injuries occurred in the past or for damages that are being sought but to prevent injuries or damage from occurring in the future. An example of an equitable claim would be a city council de-zoning an area for residential use and listing the land or property for commercial use. The neighbors of the property may seek an injunction to prevent this from occurring if they feel that it will cause the damage or problems in the future.
Hybrid Cases
There are cases that include both legal and equitable claims, and these are referred to as hybrid claims. An example of this type of case could be a plaintiff who suffers damages or loss due to policies or procedures that were set forth by the defendant. The plaintiff can seek a legal claim to get compensation for damages they incurred as a result, as well as an equitable claim requesting that the policy is changed to prevent future damage from occurring to the plaintiff or others.
Frequently Asked Questions
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What is a legal claim in simple terms?
A legal claim is a formal assertion that someone has a right to compensation or remedy due to harm caused by another party. -
What’s the difference between a legal claim and a complaint?
A claim is the basis of a right to relief; a complaint is the legal document filed in court to pursue that claim. -
Can a legal claim be settled out of court?
Yes. Many legal claims are resolved through settlement, negotiation, or mediation before going to trial. -
How long do I have to file a legal claim?
This depends on the statute of limitations, which varies by state and type of claim. It can range from one to several years. -
Do I need an attorney to file a legal claim?
While you can file on your own, legal claims can be complex. An attorney can help ensure your claim is filed properly and supported with the right evidence.
If you need help with legal claims, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.