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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What Are the Common Types of Truck Accidents in Williamsport, PA?
Truck accidents are a significant safety concern in Williamsport, PA, for both motorists and pedestrians. Given the area’s commercial activity and frequently traveled roads, the likelihood of accidents involving large trucks has increased. If you get into a trucking accident in Lycoming County, you’ll need a Williamsport truck accident lawyer to help with the claim.
What Causes Truck Accidents in Williamsport, PA?
Truck accidents in Williamsport, PA, can be attributed to various factors, each presenting its own set of risks to road safety. Some of the most common causes of truck crashes include:
Distracted Driving
Truck drivers may become distracted by texting, adjusting GPS devices, or eating while operating their vehicles. Even for a few seconds, these distractions divert their attention from the road, increasing the risk of collisions and severe injuries due to delayed reactions or failure to notice hazards. […]
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Wilkes-Barre Erb’s Palsy Lawyer
Erb’s palsy, a condition stemming from birth injuries, can profoundly impact a person’s life, requiring extensive medical care and support. If a loved one has been affected by Erb’s palsy, speak with a Wilkes-Barre birth injury lawyer to understand the legal avenues available becomes essential in seeking recourse and accountability.
An Erb’s palsy lawyer isn’t just a legal expert but also understands the medical side, which can make a difference during a tough time like this. Whether you’re trying to figure out your rights or how to get compensation, they’re there to guide you through the process.
What is Erb’s Palsy?
Erb’s palsy is a form of brachial plexus palsy, which is a network of nerves near the neck. These nerves provide movement and feeling to the shoulder, arm, hand, and fingers. When the brachial plexus nerves are injured, […]
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Wilkes-Barre Cerebral Palsy Lawyer
A cerebral palsy diagnosis can be devastating. When caused by medical negligence, a knowledgeable Wilkes-Barre birth injury lawyer can hold the responsible parties accountable. Munley Law has a proven track record of success in birth injury cases, and we understand the complex medical and legal issues involved. We’ll fight tirelessly to maximize the compensation your child deserves.
What is Cerebral Palsy?
Cerebral palsy (CP) is a neurological disorder affecting movement, muscle tone, and posture. It is caused by abnormal brain development or damage to the developing infant’s brain, often occurring before birth or during the period after delivery. Cerebral palsy can result from various factors, including a birth injury such as fetal stroke, fetal distress, or a lack of oxygen to the baby’s brain during the delivery process.
Medical professionals can often diagnose CP based on the child’s medical records and physical symptoms. […]
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Should I Call A Car Accident Lawyer After a Car Accident in Williamsport?
Call a Williamsport car accident lawyer immediately if you are involved in a car accident. Victims often wait to call an experienced car accident lawyer once they realize the insurance settlement offer is insufficient to cover their damages. By being proactive and calling a PA car accident lawyer before meeting with the insurance company, you’ll be a step ahead in seeking the compensation you need to move forward.
If you were in a car accident, call the Williamsport car accident lawyers of Munley Law today.
Why Work With a Williamsport Car Accident Lawyer?
You are never required to seek legal representation for a car accident. However, if you or your passenger suffered severe injuries, there are benefits to working with a Williamsport car accident lawyer.
An Experienced Car Accident Lawyer Will Establish Negligence
Determining who was at fault for the car crash will be the priority of your car accident lawyer. […]
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What Are Birth Injuries Due to Negligence in Allentown, PA?
While some birth injuries are an unfortunate result of a difficult birth that no one could account for, most common birth injuries are caused by negligence. If your child suffered a birth injury that was caused by negligence, you should contact an Allentown birth injury lawyer to determine if you may be entitled to compensation. Learn more about what birth injuries are due to negligence to see if you have a personal injury claim.
What is a Birth Injury?
A birth injury occurs before, during, or after the birth process when a newborn may suffer physical injury or trauma. Birth injuries can be caused for a variety of reasons, most commonly due to:
- The baby is large
- The baby is breeched or feet first in the birth canal
- The baby is premature
- The mother’s pelvis or birth canal is not shaped for delivering, […]