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.
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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How to File a Truck Accident Lawsuit
Will I Need to File a Truck Accident Lawsuit?
Every time we get in our car, whether we’re going to work, to pick up the kids, to dinner, or anything in between, we expect to arrive safely at our destination. Most of the time, this is exactly what happens. But the devastating truth is that car accidents are a very real risk any time you’re on the road.
While all accidents are terrifying, accidents involving trucks and other commercial motor vehicles are particularly dangerous. A truck accident is likely to cause far more damage and more serious injuries than most other kinds of motor vehicle accidents, given the size and weight of something like a semi-truck. It’s not uncommon for victims to endure something as serious as a traumatic brain injury.
Accidents involving large trucks can be life-changing events for all those involved, […]
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How Does an Insurance Company Decide Who Was at Fault for a Scranton Car Accident?
Who Determines Who is At Fault After a Car Accident?
Imagine you are pulling out of a driveway, with your view partially obscured by a snowbank. As you do, another car comes around the corner and hits you. Who’s at fault for the car accident?
The answer may not always be that easy to determine–but answering it may be crucial in deciding who is ultimately responsible for paying for medical expenses and vehicle damage. Answering the question of who is at fault for auto accidents can also change depending on who is answering it, the traffic laws applicable to the situation, or the state in which the auto accident occurs. It can get even more complicated when multiple vehicles are involved.
While police and insurance companies may weigh in with their own assessment of who is at fault in car accidents, […]
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What is Road Rage?
Is Road Rage Dangerous?
Emotions get the best of all of us at times, but when driving on the road, we have a responsibility to use good judgement, composure, and respect amongst fellow drivers and pedestrians. It is tempting to get angry or upset when someone clearly cuts you off or abruptly changes lanes without signaling, and that same anger can tempt you to start raging at someone and practicing reckless driving. Giving into your emotions in the heat of the moment can intensify the danger of an already precarious situation; often termed as “road rage,” aggressive retaliation on the road can trigger a series of dangerous, and even deadly, consequences. With all of this in mind, there are safe practices to manage your frustration and to be on the alert for when sharing the road with aggressive drivers.
If you were involved in a car accident with a driver suffering from road rage, […]
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Should I Accept the First Insurance Settlement After a Scranton Car Accident?
The Insurance Company Offered a Settlement. Should I Take It?
After an automobile accident, you are likely to be experiencing a great deal of physical pain and emotional distress. You may be tempted to immediately accept the first offer from the other driver’s insurance company to put the car accident behind you as quickly as possible. However, this is almost never a good idea.
An insurance company is necessarily looking first and foremost to its own bottom line, and not to what would be fair compensation for you. The insurance company makes money by keeping its payouts as low as possible, and can take advantage of your desire for a speedy resolution to make you a low settlement offer that does not provide a fair settlement for your personal injury.
If you have questions about a car accident settlement, your first step is to contact an experienced car accident lawyer at Munley Law Personal Injury Attorneys. […]
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What Qualifies as Personal Injury?
How Do I Know If I Have a Personal Injury Claim?
You may have seen TV ads, billboards, and more advertising the services of personal injury lawyers, but what exactly what does this term mean? In this article, we’ll explore the meaning of personal injury, and how it may impact you and your life.
Remember: if you or your loved one has been injured in an an accident, you may have a right to compensation. Don’t hesitate to contact Munley Law Personal Injury Attorneys to discuss your personal injury claim and learn we can help protect your interests.
Understanding Personal Injury
While we all try to go about our daily lives safely and responsibly, the reality is that accidents do happen. Often, these accidents — whether that be a car accident, a slip and fall, […]
