Claim

What is a Claim?

A claim is a legal action concerning physical or mental harm suffered by the plaintiff due to the defendant’s negligence. In the case of insurance claims, it is a request made by the insured to the insurance company for coverage and compensation for damage or injury. A claim is sometimes also referred to as a Cause of Action.

What is a Claim?

Cornell Law School’s Legal Information Institute defines a claim as, “a set of operative facts creating a right enforceable in court.” Making a claim is how the process of a plaintiff filing a lawsuit and eventually receiving damages from a defendant begins. A claim must be present in order for a lawsuit to go forward. If one is not present in a specific instance, then that lawsuit will be dismissed. Examples of types of claims include claims to insurance companies, personal injury claims in cases of negligence, claims on breaches of contract, property claims, and employment claims such as unpaid wages, wrongful termination, or discrimination. A defendant may make a counterclaim against the claim of a plaintiff.

Claims can sometimes be dismissed even if there is an intent to file a lawsuit. Rulings in cases such as Ashcroft v. IQBAL and Bell Atlantic v. Twombly have determined that claims need to contain important information. They must be plausible on their own and establish a likelihood of liability. This is how claims can lead to fair compensation, resolution of disputes, and protection of rights.

More information about Claim

Cancer Misdiagnosis Lawyer

Cancer Misdiagnosis Lawyer If a doctor fails to diagnose a patient with cancer, the consequences can be life-threatening. Even a delayed diagnosis may be the difference between life and death.

If you or a family member have suffered because of a doctor’s incorrect or missed diagnosis of cancer, you may be entitled to pursue a medical malpractice lawsuit. A cancer misdiagnosis lawyer at Munley Law Personal Injury Attorneys will review the details of your situation, answer your questions, and help you determine what to do next. Our medical malpractice lawyers have recovered millions of dollars on behalf of individuals and families who have suffered due to medical negligence. We have consistently been named among the Best Lawyers in America, and we have earned the highest client satisfaction ratings possible. To speak with a cancer misdiagnosis lawyer now, fill out our email form, or call us. […]

Aviation Accident Lawyers

When an aviation accident occurs, the aftermath can overwhelm victims and their families. If you or a loved one has been affected by an aviation incident, consulting with an aviation accident lawyer can make a difference in the outcome of your case and your ability to focus on recovery during a difficult time.

The aviation accident lawyers at Munley Law understand the unique challenges presented by aviation cases, from determining liability among multiple potential parties to navigating the specialized evidence needed to build a strong claim. We work with accident investigators, aviation experts, and medical specialists to establish causation and document the full extent of damages. Our expertise becomes particularly valuable when dealing with commercial airlines, aircraft manufacturers, maintenance providers, or air traffic control entities.

At Munley Law, we work with victims and their families who have suffered tremendously after a plane or helicopter accident. […]

Semi Truck Accidents

A semi truck accident can be a life-altering experience for both you and your family. You could be facing serious injuries that can take months if not years to recover from. Your family could suffer the financial burden of paying the medical expenses without the help of your income. In many cases, the injuries sustained in the accident may be fatal and your family will be left to pick up the pieces afterward. If you get into a trucking accident with a semi truck, do you know what your next steps should be?

For more than 60 years, the truck accident lawyers at Munley Law have represented drivers, passengers, pedestrians, and truck drivers who have been seriously hurt in accidents with semi trucks. If you or someone you love was hurt in a crash with a semi, you will need someone on your side to make sure the trucking company is held responsible. […]

Birth Injury Lawyers

A child’s birth should be a cause for celebration. But when negligent medical professionals cause your child to experience fetal distress, oxygen deprivation, or physical trauma, you have a right to take legal action. The long-term costs for medical care for your child, along with the emotional trauma you’ve had to endure, can be a burden too significant to handle on your own. At Munley Law, we fight for the injured children and their families who suffered from a birth injury. Let our birth injury attorneys help you get the financial compensation you need for your baby.

What is a Birth Injury?

Birth Injury Lawyer According to the National Library of Medicine, a birth injury is any damage to the newborn’s body due to an adverse event that occurred at birth. Birth injuries can occur at any point in the birthing process or during pregnancy. […]

Wrongful Death Attorneys

No amount of money can compensate for the loss of a loved one. But Munley Law’s wrongful death attorneys help ease the financial burden and bring a sense of closure by pursuing a wrongful death claim. When an accident or act of negligence causes a wrongful death, the liable party should be held accountable.

Munley Law has helped hundreds of families obtain justice. For 65 years, our wrongful death lawyers have fought for families and individuals who have lost a family member due to someone else’s wrongful action. The grief your family is facing is overwhelming, and Munley Law will legally support you throughout your claim. Contact us today for a free consultation to discuss your wrongful death lawsuit.

What Is a Wrongful Death?

Wrongful Death Attorneys

When an individual dies because of the negligence or misconduct of another party, a wrongful death action seeks to compensate surviving family members for the losses they are suffering. […]