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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Pennsylvania Nursing Home Abuse Lawyer
Moving a loved one into an elder care facility is a big decision and one that is often fraught with emotion and uncertainty. If the people you have trusted to care for your parent or family member fail to uphold their duty, they must be held accountable. A nursing home abuse lawsuit not only provides real accountability and economic consequences for the wrongdoer but also provides your family with the compensation you are rightfully owed under the law.
All elderly people and long-term care residents deserve dignity, quality care, and protection from harm. If your loved one suffered physical harm, illness, or neglect due to willful mistreatment or substandard conditions at a Pennsylvania nursing home, contact an experienced personal injury attorney at Munley Law for a free consultation. We will answer your questions, explain your rights, and advise you on the next steps. The Pennsylvania nursing home abuse attorney consultation is free, […]
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Should I Get an Injury Lawyer After a Car Accident in Stroudsburg?
Getting in a car accident can be a terrifying experience, especially if you have suffered injuries. In such a situation, it is vital to seek legal help from a car accident lawyer in Stroudsburg. Dealing with the aftermath of car accidents can be overwhelming, and having a knowledgeable and experienced attorney by your side can make all the difference in ensuring you receive the compensation you deserve.
Munley Law has over 60 years of experience and some of the best lawyers in Pennsylvania. All of our experienced car accident attorneys in our Stroudsburg office will work diligently to get you or your family members a fair settlement. We offer free consultations. If you’re ready to pursue compensation, call or chat today.
What is the Process of a Car Accident Legal Claim?
If you have been involved in a car crash in Stroudsburg, […]
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Allentown Driver Error Accident Lawyer
If you or your loved one have been injured in a car accident due to another driver’s error, you are entitled to financial compensation to cover your injuries and damages. For 65 years, Munley Law’s personal injury lawyers have been Allentown’s best choice for driver error accident attorneys. Our team is experienced with cases like yours and will fight on your behalf until we recover what you are owed. You can schedule a free consultation with us to discuss your next steps.
Car accidents can be devastating, and too often, they are caused by the negligence of the other driver. Allentown is surrounded by Interstate 78, U.S. Route 22, Pennsylvania Route 33, and the Pennsylvania Turnpike, contributing to congestion and increased accidents. If you or your loved one are in an accident, you’ll need an experienced driver error accident lawyer to investigate your case and prove the negligent driver’s liability. […]
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Reckless Driving Car Accidents in Wilkes-Barre, PA
The attorneys of Munley Law Personal Injury Attorneys are here to help you if a reckless driver in Wilkes-Barre has hurt you. We firmly believe that people are responsible for operating their vehicles with care and caution at all times, and when they fail to do so, they should be held accountable for their actions. Our award-winning car accident attorneys are ready to stand up for you and help you secure the compensation you are owed, so don’t wait to contact us to discuss your claim.
When drivers get behind the wheel of a car, they are responsible for not only the lives of people in their vehicle, but for every other motorist, they come across on the road. This means acting responsibly, obeying all traffic laws, and practicing safe driving techniques to minimize the risk of an accident. Unfortunately, not all drivers treat driving with the respect it demands and instead drive recklessly, […]
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What Happens If I Am At Fault for a Car Accident in Wilkes-Barre?
How Dangerous is It to Drive in Wilkes-Barre?
Wilkes-Barre is in the heart of Luzerne County and has some of the busiest highways near the humming city. With easy access to Interstates 80, 81, and 476, this city’s roads are constantly bustling with travelers on any given day.
Unfortunately, the reality is that more travel equals more chances of car accidents. A car accident occurs in Wilkes-Barre for many reasons, such as bad weather, mechanical defects, and poor road conditions. However, there are instances when other drivers on the road play a role in your car accident, whether driving over the speed limit, tailgating, or getting distracted by their cell phone.
If you are asking yourself what happens if I am found at fault for an auto accident, call a Wilkes-Barre car accident attorney today. If you were not the sole cause of the accident, […]
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