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
Allentown Hit and Run Accident Lawyer
If you have been the victim of a hit and run in Allentown, we are here to help. The aftermath of any car accident can be difficult to navigate, but a hit and run can be incredibly challenging. How can you hold the at-fault driver accountable and get the necessary compensation? What if you can’t locate the other driver? Our Allentown hit and run accident lawyers can answer these questions and help you get the recovery you need.
What is a Hit and Run Accident?
A hit and run is a collision in which at least one party leaves the incident scene without stopping to provide their information, necessary aid, and/or to report the accident. Hit and run accidents can involve multiple vehicles or a collision between a car and a pedestrian or biker.
In a hit and run accident, […]
Read MoreMore information about Claim
Wilkes-Barre Car Accidents Caused by Driver Error
Did Driver Error Cause Your Car Crash?
If you were hurt in a car accident caused by another driver’s error, the award-winning Munley Law Personal Injury Attorneys can help you. For more than 60 years, our experienced car accident lawyers have protected the rights of injured people in Wilkes-Barre and throughout Luzerne County. Our team will work day and night to ensure that you get the full compensation that you are owed for your injury claim. Don’t hesitate to contact us today; the consultation is FREE, and there is no fee unless we win your case.
With our knowledgeable and experienced team of Wilkes-Barre car accident lawyers, Munley Law Personal Injury Attorneys has the resources to investigate the details of your accident and prove who was at fault. Our contingency fee policy means that you don’t owe us anything unless we win your case. […]
Read MoreMore information about Claim
Drowsy Driving Accident Lawyers
Drowsy Driving Accident Attorneys
If you have been injured in a vehicle accident caused by a drowsy driver, our drowsy driving accident lawyer is ready to help. You may be entitled to recover damages that include medical costs, property loss, lost wages, and pain and suffering. It’s essential to have a top personal injury law firm to help you with your claim. For more than 60 years, the lawyers at Munley Law have been assisting clients with their claims. We can provide you with a free, no-obligation consultation on your case, and we will fight to get you the justice and compensation you deserve.
How Dangerous is Drowsy Driving?
Drowsy driving occurs frequently because sleep deprivation has become an increasingly common problem. People often begin their morning work commute after a poor night’s sleep – and those driving long distances usually push themselves to go greater distances without breaks. […]
Read MoreMore information about Claim
The Importance of Legal Representation After a Bethlehem Pedestrian Accident
Pedestrian accidents can be physically and financially devastating to victims and their families, making it important to secure legal representation for your Bethlehem pedestrian accident case right away. With a Bethlehem pedestrian accident lawyer from Munley Law, you will have a professional legal team to go up against the insurance company or the negligent driver so you can focus on your health.
As a pedestrian, you have rights. Call Munley Law following your accident to begin the legal process.
How Often Do Pedestrian Accidents Occur?
In 2022, the Pennsylvania Department of Transportation (PennDOT) reported 3,160 pedestrian injuries and 184 fatalities, representing nearly three percent of all reported traffic incidents and more than 15 percent of fatalities.
Both victims and their families can benefit from retaining a pedestrian accident attorney early on, as data shows that personal injury victims who secure legal help get more compensation than victims who do not. […]
Read MoreMore information about Claim
Who Can Be Held Responsible for a Wrongful Death in Allentown, PA?
The victim’s family members may file a wrongful death suit on the victim’s behalf against the responsible parties. These parties can be individuals or entities; in essence, whoever is at fault for the death in question or whose negligence contributed to the death can be held responsible. For instance, if someone loses their life because of a violent attack, the attacker can be held responsible for a wrongful death claim. And if a company or larger entity was unreasonably negligent and that negligence resulted in a death, they too can be held responsible.
What is a Wrongful Death?
A wrongful death is defined in Pennsylvania law as a death that occurred because of someone else’s negligence, wrongful behavior, or unlawful violence. In other words, a person who dies from natural causes would not be considered a wrongful death. Types of wrongful death claims include:
- Medical malpractice
- Fall accidents
- Motorcycle accidents
- Car accidents
- Workplace accidents
- Assaults and homicides
In typical personal injury cases that do not involve death, […]
Read More
