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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Williamsport Workers’ Compensation and Third Party Claims
When we report to work each day, we expect a safe environment where we can perform our duties without fear of injury. However, accidents can and do happen, often resulting in severe injury and hefty medical bills.
If you have been injured at work in Williamsport, you must understand your rights and available benefits. These typically include workers’ compensation, which can help cover medical expenses, rehabilitation costs, and a portion of your lost wages. Additionally, in certain situations, you may be able to lodge a third-party claim, such as if faulty equipment from an external supplier caused your accident.
The time to resolve a typical workers’ compensation or third-party claim can vary, but understanding this process and potential timeline is essential. It’s also important to note that under specific circumstances, such as gross negligence or deliberate harmful actions, you can directly sue your employer instead of claiming workers’ […]
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Erb’s Palsy Lawyer
Fight for Your Child’s Future with an Erb’s Palsy Attorney
Welcoming your newborn into the world should be a joyful experience. However, when you receive an Erb’s palsy diagnosis, your joy quickly turns to overwhelming worry. A thousand questions start swirling in your head: what caused my child’s injury? Was this medical negligence? Can it be fixed? Where do we even begin?
Enter the experienced Erb’s palsy attorneys at Munley Law. We understand the emotional and legal complexities of your child’s birth injury. We’ve helped countless families secure resources and financial compensation after their child developed Erb’s palsy.
Call today for a free case evaluation with a compassionate birth injury lawyer who will guide you through the legal process and outline all your options.
What is Erb’s Palsy?
Erb’s palsy is a birth injury impacting a newborn’s arm and shoulder. […]
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Pittston Motorcycle Accident Lawyer
Driving a motorcycle puts you at an increased risk of serious injury compared to other car accident victims due to the size of the motorcycle versus a standard passenger vehicle. One wrong move by another driver can cause you to face lifelong consequences. This is when you need an experienced Pittston motorcycle accident lawyer.
From handling the insurance company, negotiating a settlement, and securing compensation, motorcycle accident victims can’t afford to be without legal representation. For a no-obligation, free consultation, contact the Pittston motorcycle accident lawyers of Munley Law.
What Are the Causes of Pittston Motorcycle Accidents?
Motorcycle accidents in Pittston can result from various factors. Understanding these causes is essential to the legal consequences when pursuing compensation after an accident.
Driver Error and Negligence
One of the leading causes of motorcycle accidents in Pittston is driver error or negligence. […]
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Pittston Premises Liability Lawyer
If you’ve suffered an injury on someone’s property due to negligent upkeep or another hazard, you have a right to recover compensation for the injuries you suffered. However, premises liability claims can be complicated as proving liability can become a nightmare with the insurance company and negligent party. A Pittston premises liability lawyer can help remedy the situation by taking on your case and navigating the legal system on your behalf.
If you or a loved one were injured on someone else’s property, call Munley Law. Our Pittston personal injury lawyers can handle your claim.
Pittston Personal Injury Lawyers Handle Premises Liability Claims
Most of us will spend at least part of our day outside the comfort of our homes, whether going to work, the grocery store, or visiting with friends and family. Unfortunately, […]
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Pittston Slip and Fall Lawyer
Slip and fall accidents can happen anywhere at any time. Sometimes, it’s just that–an accident. Other times, it could have been completely avoided had the property owner correctly maintained the space. Victims are entitled to compensation for injuries when a property owner fails to keep visitors safe. This is where a Pittston slip and fall lawyer comes in.
The Pittston personal injury lawyers at Munley Law represent slip and fall victims as they make claims against negligent parties. We can do the same for you.
What to Do After a Pittston Slip and Fall Accident
If you’ve been involved in a slip and fall accident and suffered an injury, there are steps you should take to ensure you get the compensation you deserve for the injuries you sustained and any damages incurred.
Seek Medical Attention
Even if you think you only suffered scratches and bruises, […]
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