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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Can I Get a Free Case Evaluation from a Wrongful Death Lawyer in Bethlehem, PA?
You can get a free case evaluation with a wrongful death lawyer in Bethlehem. If you have lost a loved one due to the careless mistake of someone else, your first step should be to schedule a consultation with an experienced lawyer who specializes in wrongful death and personal injury cases. At Munley Law, we offer a free consultation to review your wrongful death case.
During the consultation, one of our experienced Bethlehem wrongful death lawyers will listen carefully to your story, ask questions, and assess the strengths and weaknesses of your case. They will also explain the legal procedures, timelines, and fees involved and give you an honest evaluation of your chances of success. If you have decided to seek compensation for your loved one, our law firm is here to assist and support you.
What Does a Personal Injury Claim Have to Do With Wrongful Death Cases? […]
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What to Do After an Uber Accident in Wilkes-Barre PA
After a car accident, you likely have many questions about your next steps. Of course, there are the obvious immediate steps at the accident scene. But knowing how to navigate the aftermath of an Uber accident presents unique challenges. From understanding your rights to seeking professional legal assistance, Munley Law will equip you with the knowledge to manage the situation effectively.
If you are involved in an accident and need an Uber accident lawyer in Wilkes-Barre, call Munley Law.
What To Do After an Uber Car Accident
Whether you are a passenger, driver, or another vulnerable road user, knowing the steps to take to ensure your safety, protect your rights, and prepare for any necessary legal action after an Uber accident is crucial.
Call 911 and Ensure Safety
Immediately following the crash, […]
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Intersection Car Accidents
If you’ve been injured in an intersection accident, you need a car accident lawyer who understands the complex factors involved in these crashes. Intersection accidents often result in devastating injuries due to the force of impact, especially in T-bone collisions or pedestrian accidents. At Munley Law, we’ve helped thousands of intersection accident victims get the compensation they deserve, whether they were drivers, passengers, pedestrians, or cyclists.
Determining fault in intersection crashes can be challenging, especially when multiple vehicles or parties are involved. Insurance companies often try to shift blame between drivers or minimize the severity of injuries. Don’t let the insurance company pressure you into accepting less than you deserve.
Contact Munley Law today for a free consultation with our experienced intersection accident attorneys. We’ll evaluate your case, explain your rights, and fight to hold negligent drivers accountable.
Types of Intersection Accidents and Their Unique Challenges
According to the latest data from the National Highway Traffic Safety Administration, […]
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How Does the Sovereign Immunity Act Impact My Lawsuit Against SEPTA?
Suppose you are among the millions using the Southeastern Pennsylvania Transportation Authority (SEPTA) daily. In that case, you may wonder what happens if you get into an accident. Are you able to sue? This is where the Sovereign Immunity Act comes into play. At its core, the Act protects state agencies like SEPTA from specific legal actions. The law might sound daunting, but a Philadelphia SEPTA accident lawyer can guide you. This article will break down the intricacies of this legislation and its bearing on potential lawsuits against SEPTA.
SEPTA provides public transit for 3.9 million people in five counties in and around Philadelphia via bus, subway and elevated rail, commuter rail, light rail, and electric trolleybus. As one of the largest transit agencies in the United States, SEPTA manages over 200 routes connecting cultural, business, and shopping destinations across the region. The authority manages, maintains, […]
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Can You Claim Whiplash After a Bus Accident in Bethlehem?
As a bus passenger, you might never anticipate the sudden jolt that results in a painful condition known as whiplash. This invisible injury, often dismissed due to a lack of visible evidence, can have serious repercussions.
In the aftermath of a bus accident, it’s crucial to understand your rights and potential claims. This article will guide you through the complexities of claiming whiplash after a bus crash. Through legal and medical lenses, our Bethlehem bus accident attorneys will explore your avenues for compensation and the steps required to fortify your case.
What is Whiplash?
Whiplash is a non-medical term often used to describe a range of injuries to the neck caused by or related to a sudden distortion of the neck associated with extension. However, the exact injury mechanisms remain unknown. According to the American Physical Therapy Association (APTA), […]
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