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
Pittston Product Liability Lawyer
The products we use every day should be safe, right? Unfortunately, this isn’t always the case. Each year, thousands of product liability claims are filed for defective products that cause injury to consumers. If you have been injured due to a defective product, a Pittston product liability lawyer can guide you through the legal process.
For a free consultation, contact the product liability lawyers of Munley Law.
Types of Product Liability Claims
Product liability claims arise when defective or unsafe products harm consumers. These claims can be categorized into three primary types: design defects, manufacturing defects, and marketing defects.
Design Defects
Design defects focus on a product’s design flaws that make it inherently unsafe to consumers. In these cases, the argument is that the product’s design is fundamentally dangerous, even when made to specifications. […]
Read MoreMore information about Claim
What to Do After a Lyft Accident in Stroudsburg, PA
The beauty of ridesharing services like Lyft is that they offer convenient, affordable, and reliable transportation. But, like any other mode of transportation, accidents do happen. When you get into a Lyft accident, your first steps are essential to your case. You should first hire a Stroudsburg Lyft accident lawyer to discuss your legal options and learn what your next steps should be.
Here is what you should do after a Lyft accident in Stroudsburg.
What Should I Do Right After a Lyft Car Accident?
Navigating through the aftermath of a Lyft accident in Stroudsburg, PA, can be overwhelming. If you find yourself in the unfortunate circumstance of an accident while using Lyft, your priority should be the safety of yourself and other passengers. If circumstances allow, move out of the way of further harm. Immediately following this, dial 911 to report the incident. […]
Read MoreMore information about Claim
Pittston Workers’ Compensation Lawyer
Thousands of injured workers apply for workers’ compensation coverage in Pennsylvania annually. However, just because they apply does not mean they’ll get the money they need for their work-related injury. This is where a Pittston worker’s compensation lawyer comes in. From filing an initial claim to handling appeals, workers’ compensation lawyers work tirelessly to represent workplace accident victims needing aggressive representation.
If you or a loved one suffered an injury in the workplace and need help navigating workers’ compensation laws, call Munley Law. We help accident victims in Pittston, PA, secure the benefits that are rightfully theirs.
What is Workers’ Compensation Insurance?
Workers’ compensation insurance is a critical safety net designed to protect employees who suffer from job-related injuries or illnesses. Workers’ compensation also acts as a form of accountability to employers to ensure that the workplace is safe for their employees. […]
More information about Claim
Erb’s Palsy Attorney in Scranton, PA
Erb’s palsy is a devastating birth injury that can leave a child with lifelong physical disabilities. If you believe that your child’s suffering was caused by medical negligence, it’s critical to seek legal help immediately. Our Scranton birth injury lawyer is here to help. Contact a Scranton Erb’s palsy attorney at Munley Law today to schedule a free consultation.
What is Erb’s Palsy?
Erb’s palsy, otherwise known as brachial plexus palsy, emerges during childbirth, resulting from an incident where the baby’s neck is excessively stretched to the side, leading to damage to the brachial plexus nerves. The aftermath can be severe, causing partial or complete loss of movement in the arm affected.
How severe the injury is dictates what kind of treatment is necessary, ranging from regular physical therapy to possible surgeries and in some cases, […]
Read MoreMore information about Claim
What Kind of Compensation Can You Receive for a Lyft Accident in Bethlehem, PA?
Being involved in a Lyft accident can leave you bewildered and uncertain about what to do next. It’s completely understandable to feel this way. However, Pennslyvania has laws to help you seek compensation for any injuries or damages incurred due to the accident. If you’re unsure about how to seek compensation, don’t worry. The Bethlehem Lyft accident lawyers at Munley Law are here to help. Let’s review the different forms of compensation that may be available to you.
Understanding Your Right to Compensation
Living in Bethlehem, knowing your legal rights is essential if you’re involved in a Lyft accident. Pennsylvania law safeguards accident victims, ensuring you can seek financial recovery for the damages you’ve incurred. This process, known as seeking compensation, allows you to claim for various losses. These could include your medical bills, loss of earnings due to your inability to work, […]
