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.
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Can I Sue Uber for Emotional Distress After an Accident?
Picture this: It’s Saturday night and you are leaving your favorite local restaurant. You plan to Uber back home after meeting up with friends. You book a car, and within no time, your Uber is waiting for you. All seems well until your Uber driver starts to exhibit signs of reckless driving. He’s speeding, being aggressive toward other drivers, and leaving you feeling uneasy. Then it happens, you’re in a car accident. Not only do you have physical injuries, but emotional trauma as well.
With more Americans opting for rideshare transportation, it’s no wonder that we’re seeing services like Uber and Lyft accounting for a percentage of total traffic accidents and fatalities. According to Uber’s own 2021-2022 Safety Report, motor vehicle fatalities involving Uber increased by 40% compared to the previous two-year period, rising from 101 to 153 deaths. So this begs the question — […]
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Workers’ Compensation for Neck and Back Injuries in Pennsylvania
Injuries to your neck and spine can be severe, and if they happened during an accident at work, the workers’ comp lawyers at Munley Law Personal Injury Attorneys can help you get what you deserve.
According to the Pennsylvania Department of Labor and Industry, neck and back injuries comprised 14% of workplace injuries in the state in 2019. That’s 24,057 incidents of neck or back injuries while on the job. Even more than the numbers, injuries to the neck and back can involve the spinal cord, making the consequences severe. Serious injuries can happen in a variety of workforces. However, statistics show the construction industry is particularly hard hit when it comes to neck and back injuries.
Workers’ comp cases can be challenging to navigate, particularly for severe occurrences that cause neck and back injuries. Large insurance companies will try to avoid paying you anything. […]
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Indiana Truck Accident Lawyer
A truck accident can change your life in an instant. If you or someone you love has been injured in a collision with a commercial vehicle, you need an experienced Indiana truck accident lawyer who understands both the impact of your injuries and the unique challenges these cases present. You’re likely facing overwhelming medical bills, lost income, and uncertainty about the future during this difficult time.
Truck accident cases are far more complicated than typical car crashes. When a commercial vehicle collides with a passenger car, the injuries are often severe, and the legal issues are anything but straightforward. These cases involve federal regulations, multiple insurance companies, and sophisticated evidence that requires specialized knowledge to handle effectively.
At Munley Law, our Indiana truck accident attorneys have dedicated their careers to helping victims like you recover from devastating truck crashes. We understand the physical, emotional, and financial hardships you’re experiencing, […]
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Hit and Run Accident Lawyer
Nobody ever expects to be the victim of a hit-and-run car accident. One minute you’re driving along, and the next, someone carelessly crashes into your vehicle and flees the scene. In the aftermath, you’re left dealing with injuries, vehicle damage, and a thousand questions. That’s when you need a hit and run accident lawyer in your corner. The experienced car accident lawyers at Munley Law understand the chaos and confusion you’re facing. They know how to investigate what happened, protect your rights, and fight for the compensation you deserve. With expertise in accident claims and hit-and-run car accidents, they become your advocate and guide through this difficult situation.
Best Hit and Run Accident Attorneys
When you’ve been the victim of a hit-and-run accident, you need personal injury law attorneys who really go the extra mile. The best hit-and-run accident attorneys are relentless investigators, […]
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Nursing Home Abuse Lawyer
If you or your loved one has experienced nursing home abuse, Munley Law’s nursing home abuse lawyers are here to help. Families choose our firm because we have built a reputation as one of the strongest advocates for elder abuse victims, with the skill, resources, and determination needed to take on large nursing home corporations and their insurers. With 65 years of experience representing personal injury victims and over $1 billion in settlements, our team provides powerful advocacy for residents who feel voiceless.
Our board-certified attorneys are all members of the American Association of Justice and work with medical professionals, geriatric specialists, and forensic investigators to document injuries, identify patterns of neglect, and build a strong case against the facility. We also collect records, interview witnesses, and assess staffing practices to show how and where the breakdown in care occurred. Every step is designed to hold responsible parties accountable and provide your family with a path forward. […]
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