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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What is the Average Payout For a Motorcycle Accident In Easton, PA?
Motorcycle accidents can be devastating, both physically and financially. If you have been involved in a motorcycle accident in Easton, PA, you may be wondering what the average payout is for a motorcycle accident case. This is a valid concern, as motorcycle injuries can often result in significant medical bills, lost wages, and other expenses. Contact an Easton motorcycle accident attorney today for a free consultation and to discuss the factors that can affect the amount you may receive for your motorcycle injury claim payout.
How Is the Average Settlement Determined for a Motorcycle Accident?
Determining an exact average payout for motorcycle accidents in Easton, PA, can be tricky due to the varying circumstances of each accident. Settlement figures fluctuate significantly, influenced heavily by the severity of injuries, the extent of property damage, and the impact on the victim’s earning capacity. […]
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What Should I Do If I Am In a Motorcycle Crash in Easton, PA?
Motorcycle accidents are, unfortunately, common occurrences on the roads of Easton, PA. As a motorcycle rider, you understand the risks and dangers of sharing the road with larger vehicles. However, even the most experienced and cautious riders can be involved in a motorcycle accident. And if you were in an accident because of a motorcyclist’s negligence, the trauma of the motorcycle collision and catastrophic injuries can bring shock and a crippling feeling of overwhelm. If you have been in a motorcycle accident in Easton, PA, knowing what steps to take to protect yourself and your rights is important. Seek out a free consultation from an experienced Easton motorcycle accident lawyer to discuss the necessary actions you should take and how to navigate this difficult situation to get the financial compensation you are entitled to.
Ensure Personal Safety After the Motorcycle Crash
In the disorienting moments following a motorcycle wreck, […]
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How Old Can I Be to Sue for a Birth Injury in Stroudsburg, PA?
Suffering a birth injury can shatter a family’s world, hitting hard with the stark reality that their newborn’s future—and theirs—has been irrevocably changed. When medical negligence leads to birth injuries, families often find themselves swamped by emotion and driven to seek reparation for their child’s ordeal. Unfortunately, you may not learn about the mistake until you are older. If that happens, can you still sue for a birth injury? Our experienced Stroudsburg birth injury lawyer weighs in.
What is a Birth Injury?
The term birth injury covers a broad spectrum of harm inflicted on a newborn during or shortly after their arrival into the world. The impact of birth injuries on a newborn can range from quickly fading bruises to severe brain damage that might forever change their future.
Sometimes, when birth injuries occur, the aftermath of these injuries remains concealed for years, […]
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What Can an Uber Accident Lawyer in Scranton Do For Me?
Being involved in a car accident is a stressful and overwhelming experience, but it becomes even more complicated when the accident involves a popular ridesharing service like Uber. In these situations, navigating the legal process and ensuring you receive the compensation you deserve can be challenging. That’s where a Scranton Uber accident lawyer comes in. These specialized attorneys are well-versed in the unique challenges of Uber accidents and can provide invaluable support and guidance throughout your case. In this blog post, we will explore what an Uber accident attorney can do for you and why it is essential to seek their help after being involved in an Uber car accident.
How Can an Uber Accident Lawyer Help My Claim?
Navigating the legal jargon following an Uber accident can be daunting. However, a Scranton Uber accident attorney can guide you to comprehend your rights and duties in the aftermath. […]
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The Common Causes of Uber Accidents in Wilkes-Barre, PA
Given the college-town atmosphere and urban setting, Uber has emerged as a pivotal player in transportation in Wilkes-Barre. However, its popularity has brought an increase in Uber-related accidents. The common causes of these accidents vary, ranging from distraction and fatigue to speeding and reckless driving as drivers navigate tight schedules. Adverse weather conditions in Wilkes-Barre also compound these risks, challenging even the most seasoned drivers. But as with any auto accident, mechanical failures and insufficient vehicle maintenance are notable factors for these collisions. Munley Law understands the complexities of auto accidents involving Uber and Lyft drivers and works to assist those affected by these collisions. Call our Wilkes-Barre Uber accident lawyer today if you or a loved one were involved in an Uber accident.
Common Causes of Uber Car Accidents in Wilkes-Barre
Uber accidents in Wilkes-Barre can occur for a variety of reasons. […]
