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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The Role of Truck Maintenance and Mechanical Failures in Bethlehem Trucking Accidents
Truck accidents in Bethlehem can have devastating repercussions. While multiple factors contribute to these unfortunate occurrences, one often overlooked factor is truck maintenance issues or mechanical malfunction. Understanding their role and how Munley Law, as an experienced Bethlehem truck accident lawyer, can assist with these complex matters can give you the edge in your case.
If you or a loved one were injured in a truck accident in Bethlehem and suspect that a preventable mechanical or maintenance failure was to blame, learn how a Bethlehem truck accident lawyer can guide you through the legal process.
Truck Accidents Due to Failure to Maintain a Commercial Vehicle
Truck maintenance is critical to protect truck drivers and other road users. Regular and thorough checks serve as the front line against potential incidents that might otherwise arise.
Routine brake inspections, tire pressure checks, […]
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Bethlehem Bus Accident Lawyer
Buses are generally safe and efficient. But not always. In 2022 alone, there were over 461 accidents involving a commercial bus and an additional 274 involving school buses in Pennsylvania. What happens if you or a loved one is injured while a passenger on a bus? What happens if a bus crashes into your car or onto your property? An experienced Bethlehem bus accident attorney can make sure that you aren’t forced to deal with the aftermath of a bus accident alone.
Buses are an easy and economical option to get around. As a passenger, be it within Bethlehem, the greater Lehigh Valley, or across the Northeast, buses are an accessible public transportation option. Even if you don’t personally take the bus, you share the road with them.
Why Do I Need a Lawyer?
After a bus accident, […]
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How Long Does It Take To Settle A Personal Injury Case in Easton, Pennsylvania?
The length of time needed to settle a personal injury claim varies substantially based on a number of variables. It may take a few months to many years to settle a personal injury case with an experienced Easton personal injury lawyer. This is because each of these cases has its own set of circumstances and is intricate in nature. It is critical to comprehend the many phases of a personal injury lawsuit settlement as well as any potential influences on how long the procedure may take.
Understanding Personal Injury Cases in Easton, PA
A person filing a personal injury claim aims to get paid for the financial, psychological, and physical harm they have endured as a result of the carelessness or deliberate conduct of another.
Because handling a personal injury lawsuit can be challenging, speaking with a knowledgeable Easton personal injury attorney is important. […]
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Bloomsburg Construction Accident Lawyer
When construction accidents occur in Bloomsburg, PA, the impact on victims can be severe, leading to serious injuries, financial losses, and emotional suffering. As a dedicated construction accident lawyer in Bloomsburg, Munley Law’s mission is to provide legal representation to those suffering from construction-related incidents.
Common Types of Construction Accidents in Bloomsburg, PA
While essential for progress, construction sites can be hazardous environments, leading to various accidents. In Bloomsburg, PA, Munley Law is committed to helping individuals impacted by these incidents. Below are some of the most common types of construction accidents in our region:
- Falls: Accidents involving falls from scaffolding, ladders, or elevated surfaces.
- Struck by Objects: Injuries caused by objects falling from heights or machinery.
- Electrocutions: Accidents resulting from contact with live electrical wires or equipment.
- Caught In/Between: Incidents where workers are caught in or between machinery or structures. […]
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Pottsville Construction Accident Lawyer
Construction sites are inherently dangerous environments, with workers facing numerous risks of accidents and injuries daily. If you have been injured in a construction accident in Pottsville, PA, you are not alone. You have rights and deserve compensation for your physical, emotional, and financial losses. You need an experienced Pottsville construction accident lawyer to help with your claim.
At Munley Law Personal Injury Lawyers, we recognize these unique challenges faced by those living in Pottsville after construction accidents have happened, offering comprehensive legal support and guidance in such complex scenarios.
What Are the Common Accidents at a Construction Site?
Construction sites present many potential hazards; accidents in Pottsville often include:
- Falls from Heights: Falls from heights such as ladders, scaffolding, or rooftops present a major hazard in construction projects. Such falls are frequently the result of unstable surfaces, inadequate fall protection, […]
