What Is a Claim?
At ClaimsHero, we talk about claims a lot. The word "claim" can mean a lot of different things, but when we talk about claims, we're talking about legal rights you can assert against companies that you believe have harmed you by violating your rights and the law.
Key Takeaways
- Three required elements. Every valid claim requires that: (1) you had a legal right, (2) your right was violated (and you were harmed because of it), and (3) there's a way to compensate you for that harm.
- Claims exist before lawsuits. You have a claim from 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.
- You Had a Right to Something: Your rights are the "baseline" for what you're entitled to have as a regular law-abiding person. You have lots of rights. For example, you have the right to get the correct item or service when you make a purchase from a company. You also have the right to enter a contract with a company (for example, a terms of service contract), and have the company fulfill its promises under the contract.
- Someone Harmed You By Violating Your Right: This could happen in a lot of ways. For example, if a company sold you a product that they knew was defective, they violated your right to get what you paid for. If a company promised in its terms of service that it would keep your credit card information safe, but the company actually sold your credit card information to hackers, the company violated your right to data security under the terms of service contract.
- There's a Remedy: For a claim to be valid, there has to be a possible "remedy" - in other words, a way to compensate you for the harm you experienced. In many cases, claims can be remedied with money. You might use that money to buy a replacement for a defective product, or to pay for services that monitor for identity theft. Sometimes, a claim can also be remedied by a court ordering a company to stop the behavior that interfered with your rights, so it doesn't happen again to you or someone else. If these three elements exist, you have a claim.
But, many people have perfectly valid claims and never do anything about them. In fact, some companies bank on this when they interfere with people's rights. They assume people will decide that fighting back is too complicated.
How ClaimsHero Classifies Claims
At ClaimsHero, all of the opportunities to assert your rights are classified into two broad categories: Legal Claims and Settlement Claims.
For Legal Claims, ClaimsHero works with partner law firms to assert your rights directly—typically through arbitration or litigation in court—so you can seek the full value of your legal claim. We usually bring similar legal claims on behalf of lots of individuals at the same time, so if you think you qualify for one of our current campaigns, you can submit an intake form and our team will verify your questionnaire to determine if you have a valid legal claim. If you do, we can help you assert your rights and seek compensation.
For Settlement Claims, ClaimsHero helps you participate in existing class action settlements that have already been negotiated between defendants and class action plaintiffs. You may have rights to compensation under these class action settlements if you experienced the same kind of harm and interference with your rights that the original class action lawsuit was based on. At ClaimsHero, we can help you check your eligibility for existing class action settlements and ensure you successfully submit your settlement claim forms to receive any funds you are entitled to.
How to Assert Your Rights
You can assert your rights in multiple ways. When you file a legal claim, you can seek financial compensation or ask a court to order a company to change its practices. When you file a settlement claim, you are asserting your right to be paid as an eligible class member under the applicable class action settlement agreement. 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 rights individually with a legal claim.
Your rights do come with expiration dates. 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 company harms thousands of people in the exact same way, each person’s individual rights might seem too small to fight over. ClaimsHero exists to identify those patterns. We can help coordinate hundreds or thousands of similar individual legal claims and assert them through mass arbitration or mass litigation, so companies have to pay attention.
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 pursue that claim through a lawsuit against a large company.
What is the difference between a legal claim and a settlement? A legal claim is your formal demand for compensation based on a violation of your rights. 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 a legal claim or a settlement claim. For both types of claims, we operate on a contingency fee model if we support you in the process end to end. That means we cover the upfront costs and only get paid a percentage if we secure a payout for you. For many settlement claims, we don't charge a fee at all because our website simply guides you to the official settlement website where you can file your settlement claim directly with the settlement administrator.
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.
