We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Splitting a claim refers to the practice of dividing a single legal claim or cause of action into multiple parts and pursuing them as separate lawsuits. This can occur in the same court or in different jurisdictions. Generally, the law discourages splitting claims to prevent harassment of defendants through repeated legal actions. However, there are exceptions, such as when both parties agree to the split. Under the "entire controversy" doctrine, if a party chooses not to raise a related aspect of the claim initially, they may be barred from doing so in later proceedings.
Table of content
Legal Use & context
Splitting a claim is relevant in various areas of law, including civil and administrative law. It often arises in cases involving personal injury, property damage, or contract disputes. Users may encounter situations where they need to decide whether to file separate claims or consolidate them. Legal templates from US Legal Forms can assist individuals in managing these processes effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person involved in a car accident may have separate claims for property damage and personal injuries. If they choose to file these as two separate lawsuits, they are splitting the claim.
Example 2: (hypothetical example) A contractor may have a claim for breach of contract and a separate claim for damages due to delays. If they file these claims separately, they are splitting the claim.
State-by-state differences
Examples of state differences (not exhaustive):
State
Rules on Splitting Claims
California
Generally allows splitting claims unless it violates the entire controversy doctrine.
New York
Prohibits splitting claims that arise from the same transaction or occurrence.
Texas
Allows splitting claims if both parties consent, but may limit recovery in separate actions.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Consolidation of Claims
Combining multiple claims into a single lawsuit, unlike splitting where claims are filed separately.
Claim Preclusion
A legal doctrine preventing a party from relitigating a claim that has already been judged.
Common misunderstandings
What to do if this term applies to you
If you are considering splitting a claim, it's crucial to evaluate whether it is legally permissible in your situation. Consult with a legal professional to understand the implications and ensure compliance with relevant laws. Additionally, you can explore US Legal Forms for templates that may help you manage the claims process effectively.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.