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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Can You Sue for a Hit and Run in Pennsylvania?
Navigating the complexities of a hit and run accident can feel daunting. This article will guide you through Pennsylvania’s traffic laws, the distinctions between civil and criminal cases, and how they pertain to hit and run situations. You’ll also discover practical steps to take after a hit and run incident. This article provides a comprehensive understanding of your rights and potential recourse in these distressing circumstances. If you get into a hit and run accident anywhere in Pennsylvania, contact our Pennsylvania car accident lawyer today to schedule a free consultation.
Pennsylvania’s Traffic Laws: A Broad Overview
Pennsylvania’s Vehicle Code outlines all traffic rules that apply in the state. Notably, when an accident occurs, the code specifies certain obligations for drivers. These include stopping as soon as possible, staying at the accident scene, providing identification details, and offering assistance, such as arranging medical help if necessary. […]
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Wilkes-Barre Construction Accident Lawyer
For those working in the construction industry, there is daily danger. For the over 35,000 construction workers in Pennsylvania, having a Wilkes-Barre construction accident lawyer from our law firm on your side if injury occurs can be critical.
Munley Law is here if you or a loved one were injured in a construction accident due to employer negligence, premises liability, or third-party negligence. For more than 60 years, the attorneys at Munley Law have represented injured workers who were hurt in a slip and fall, struck by objects, caught in between objects and machinery, and electrocutions. No matter the cause of your workplace injury, a Wilkes-Barre construction accident law firm can help you recover the compensation needed to move forward. For a no-obligation, free consultation, contact us today.
Munley Law Wilkes-Barre Construction Accident Lawyers Navigate Claims
After suffering an injury, […]
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How to File a Claim for a Lyft Crash in Bethlehem
Figuring out what to do after a Lyft accident can be overwhelming. The process is filled with complexities, from recovering from an injury to understanding the intricacies of insurance claims. For those seeking additional guidance or facing legal uncertainties, the Bethlehem Lyft accident lawyers at Munley Law are here to help. With their expertise in handling rideshare car accident cases, you can get started with a free consultation with an experienced Lyft accident lawyer.
Knowing the right actions to take can significantly impact the outcome, whether you’re a passenger, driver, or a third party affected by such an incident. Keep reading to learn how to file a claim to recover compensation.
Understanding Lyft Crashes
In Bethlehem, rideshare services such as Lyft have become a staple in daily transportation. However, with this convenience comes a notable increase in rideshare-related car accidents. […]
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What Does a Bethlehem Medical Malpractice Lawyer Do?
A Bethlehem medical malpractice lawyer is your guide, advocate, and champion if you or a family member have suffered an injury because of a medical professional’s negligence. Medical malpractice occurs when a doctor or other medical professional doesn’t provide the standard of care expected, leading to harm or injury to a patient. It’s a situation no one wants to find themselves in, but it’s essential to know that there are legal paths available if it happens.
With decades of experience, Munley Law profoundly understands the intricacies of medical malpractice cases. The attorneys at our law firm have a track record that speaks volumes about their ability to navigate these challenging cases, offering peace of mind and a sense of security in what can be an overwhelming time. Let’s dive into what medical malpractice entails and how an experienced law firm can make a significant difference in the outcome of your case. […]
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What Is the Statute of Limitations for Truck Accident Claims in Bethlehem, PA?
The statute of limitations for truck accident claims in Bethlehem, PA, is two years. Working with a Bethlehem truck accident lawyer at Munley Law can help keep your claim on track because this timeframe can decide if you can claim compensation for damages or injuries. Beyond this period, claims may be denied without you being allowed to file your personal injury lawsuit.
After a traumatic event like a truck accident, understanding legal terms and requirements can be confusing and intimidating for accident victims. Learn more about why this timeline is in place and what happens if the statute of limitations expires.
How the Statute of Limitations Works for a Personal Injury Lawsuit After a Truck Accident
If you have been involved in a truck accident, it is essential to remember that there is a two-year timeline, […]
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