What Is a Claim?
A claim is a formal demand for money or action because a person or company broke the law and caused you harm. You do not have to file a lawsuit to have a valid claim.
Key Takeaways
- Three required elements: Every valid claim requires a legal duty, a breach of that duty, and actual harm caused by the breach.
- Claims exist before lawsuits: Your rights begin the moment you are harmed, long before anyone steps inside a courtroom.
- Deadlines apply: Statutes of limitations put a strict expiration date on how long you have to assert your claim.
The Three Parts of Every Claim
A feeling that something is unfair is not enough to build a legal case. To have a valid claim, the facts must check three specific boxes.
- Duty: The party at fault had a legal obligation to you. For example, a company has a duty to keep your credit card data secure.
- Breach: The party failed to meet that obligation. They left their servers unprotected, and hackers stole your information.
- Causation and Harm: Their failure directly hurt you. Because they left the servers unprotected, criminals drained your bank account or damaged your credit score.
If those three elements exist, you have a claim.
Claims vs. Lawsuits
People often use these words as if they mean the same thing. They do not.
A claim is your underlying right to seek a remedy. A lawsuit is just one method of enforcing that right. You have a claim the moment a company illegally shares your private data. You only have a lawsuit if you formally file a complaint in court to force them to pay for it.
Many people have perfectly valid claims but never do anything about them. Corporations bank on this exact behavior. They assume you will decide that fighting back is too complicated.
How ClaimsHero Classifies Claims
On ClaimsHero, campaigns are divided into two categories: Legal Claims and Settlement Claims.
In a Legal Claim, ClaimsHero partners with a law firm to pursue your case directly—typically through arbitration or litigation—so you can seek the full value of your claim.
In a Settlement Claim, ClaimsHero helps ensure you successfully submit your claim and receive any funds you are entitled to from an existing class action or settlement program.
Your Rights as a Claimant
You have specific legal rights the moment you become a claimant. You have the right to seek financial compensation. You also have the right to opt out of a class action settlement if you believe the payout is too low and you want to pursue your claim individually.
Companies cannot legally retaliate against you for asserting these rights. If you file an arbitration demand against your cell phone provider for deceptive billing, they cannot arbitrarily cancel your service just because you asked for your money back.
Your rights do come with an expiration date. These are called statutes of limitations. Depending on the state and the specific law involved, you usually have between one and four years to take action. If you miss the deadline, your claim disappears entirely.
Where ClaimsHero Fits In
When a massive corporation harms thousands of people in the exact same way, each person’s individual claim might seem too small to fight over. ClaimsHero exists to identify those patterns. We organize individuals and help them assert their claims collectively, usually through mass arbitration or mass direct actions.
Frequently Asked Questions
Do I need a lawyer to have a claim? No. Your claim exists based on the facts of what happened to you. However, you generally need an experienced litigator to effectively enforce that claim against a large company.
What is the difference between a claim and a settlement? A claim is your demand for compensation. A settlement is an agreement to resolve that claim, where the defendant pays a negotiated amount of money so they do not have to go to trial.
Does filing a claim cost money? If you work with ClaimsHero, it is free to file. We operate on a contingency fee model, meaning we cover the upfront costs and only get paid a percentage if we secure a payout for you.
Disclaimer: This content is provided for informational purposes only and does not constitute legal advice. Consult with a qualified attorney for advice specific to your situation. Past results do not guarantee future outcomes.
