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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What Are the Most Common Causes of TBI?
What Types of Accidents Cause a Traumatic Brain Injury?
Traumatic brain injuries often occur after a hard blow to the head, whether from falling, getting into a car crash, or being involved in an accident. These types of injuries can be life changing physically, emotionally, and financially.
If you or someone you loved has suffered from a traumatic brain injury due to someone else’s negligence, speak to a lawyer today. The traumatic brain injury lawyers at Munley Law Personal Injury Attorneys have decades of experience ensuring injury victims get the justice they deserve. Contact us today for a free consultation.
How Common Are Traumatic Brain Injuries?
A traumatic brain injury (TBI) is different from a head injury in that it can cause serious complications, even if it is mild and not life-threatening. Most traumatic brain injury cases each year fall into this category, […]
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What Are the Steps in a Personal Injury Lawsuit?
Know the course of action and what to expect during your personal injury lawsuit
If you’ve been injured in an accident due to someone else’s negligence, you need an experienced personal injury attorney with a successful track record to help win your case. Knowing the detailed steps to a personal injury lawsuit will keep you be well-informed about what can make proper compensation a reality. These cases can be complex, especially if the specifics of your personal injury case involve many parties, long-term medical care, or other nuances. Proving negligence will be key to your case, and your best chance in being justifiably compensated can be met by working with a personal injury lawyer.
Munley Law Personal Injury Attorneys has been helping accident victims for more than 60 years; we specialize in personal injury cases and our attorneys have tried thousands of personal injury lawsuits. […]
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What is Uninsured Motorist Coverage, and Do I Need it?
We drive a lot. It’s a daily act that becomes almost mundane, but being on the busy roads at any time of day brings you into close contact with literally hundreds of other drivers and vehicles.
Many of these hundreds of drivers are distracted by hundreds of things. An accident can happen in a split second. How confident are you that these drivers have sufficient or any car insurance policy?
Uninsured motorist statistics
If you’re the victim of a collision with an uninsured driver, or with a driver who has very little auto insurance coverage, you could be responsible for the entire financial burden of a car crash.
According to a 2021 study by the Malvern, Pennsylvania-based Insurance Research Council (IRC), 13 percent of motorists, or about one in eight drivers nationwide, is uninsured. Although auto insurance is mandatory in Pennsylvania, […]
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When to Hire an Attorney After a Car Accident
Car accidents are traumatizing events for all involved. In the aftermath of a car accident, there are so many questions to be answered. What kind of medical care do I need? Do I have to take time off work? Will my insurance cover this? Is my car okay? Can I afford all this? How will I get to work? In the midst of all this, one question that may cross your mind is: Do I need a lawyer?
You’re not required to hire a car accident attorney, and in some cases, doing so may not be necessary. However, while working with an experienced lawyer does not guarantee a specific outcome, it does guarantee that you’ll have someone with knowledge of the legal system fighting on your behalf. For many people, working with a personal injury lawyer after a car accident is worth it because it means that can focus on things like rest and recovery, […]
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How Long Could My Truck Accident Case Take to Settle?
Does It Take a Long Time For a Truck Accident Claim to Reach a Settlement?
If you are involved in a truck accident, compensation for your settlement depends on many factors. In some cases, the truck accident claim can be settled within a few months and in others, it can take a few years before it reaches a conclusion. Truck accident claims involve commercial vehicles, which means there are more parties involved. Additionally, negotiations may fail to achieve adequate funds for victims, and the pursuit of a personal injury claim or wrongful death lawsuit is the proper course of action.
Unfortunately, it’s difficult to say how long a truck accident case can take to settle — anywhere from a few months to a few years. It usually depends on the willingness of all parties involved to reach a settlement and how complex the claim is. […]
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