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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Allentown Car Accident Lawyer
After a car crash in the Lehigh Valley, your choice of an Allentown car accident lawyer could mean the difference between financial security and years of struggling with medical debt. Insurance companies start building their defense immediately after your auto accident – while you’re still reeling from the trauma. At Munley Law, we counter their tactics with decades of experience and a proven record of turning denied claims into substantial settlements. Our attorneys have recovered millions in compensation for car crash victims, consistently securing settlements that dwarf initial insurance offers.
Don’t let adjusters pressure you into accepting less than you deserve while your medical bills pile up and you’re missing work. Our track record shows we can maximize compensation for crash victims through aggressive negotiation or fierce litigation. Contact us today for a free consultation – we only get paid when you win and are ready to fight for you immediately. […]
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Who Gets the Money in a Wrongful Death Lawsuit?
If you have recently lost a loved one in a tragic accident, you may be wondering how a wrongful death claim works and who gets the money. Wrongful death settlements are paid to the family members following a victim’s death due to someone else’s negligence. When an immediate family member, like a parent or spouse, dies, there is a huge financial and emotional impact. Wrongful death suits work to provide financial support to those who were dependent on the decedent.
Understanding Wrongful Death Lawsuits
Wrongful death claims are a type of civil lawsuit where a deceased person’s surviving family members can recover damages if their loved one’s death was the result of another person’s wrongful act, neglect, unlawful violence, or negligence. While the most common wrongful death lawsuits are related to car accidents and motorcycle accidents, […]
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Scranton Birth Injury Lawyer
Once you hire an experienced, compassionate Scranton birth injury lawyer, you can hold the healthcare provider accountable for their actions under Pennsylvania’s medical malpractice laws. A birth injury can have lifelong consequences for your baby. Your child may require extensive medical care and therapy for years to come or may have an altered quality of life into adulthood. If a doctor or other medical professional caused your child to suffer a birth injury, you are not alone. Call Munley Law today to meet with a birth injury lawyer in Scranton.
Why Choose Our Birth Injury Attorneys in Scranton
Hiring a birth injury lawyer is a vital step for any family in Scranton, PA, facing the aftermath of a birth injury. Their expertise, local knowledge, emotional support, and commitment to your case can significantly affect the outcome of your legal battle. […]
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Erie Birth Injury Lawyer
If your child has suffered a birth injury due to medical negligence, you deserve to secure financial compensation to ensure you can meet all of your child’s unique and extensive medical needs. Filing a compensation claim and making sure you receive fair compensation can be difficult to do on your own, but a qualified birth injury attorney in Erie can help. An experienced attorney understands the emotional and financial toll that birth injuries have on families and will work tirelessly to get your family the maximum compensation to ease as much of your pain as possible.
Birth Injuries and Medical Malpractice
A birth injury is a physical injury a baby suffers during the labor and delivery process. A birth injury elevates to medical malpractice when the injury was preventable but occurred due to a healthcare provider’s negligence or failure to meet the standard of care. […]
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The Importance of Gathering Evidence in a Personal Injury Lawsuit
When filing a personal injury lawsuit after an accident, gathering comprehensive evidence strengthens your position and can significantly impact your compensation. While collecting evidence might seem overwhelming, an experienced personal injury attorney can guide this process, ensuring no critical details are overlooked. Multiple expert opinions and diverse forms of evidence enhance your case and help establish the facts.
Key Types of Evidence and How Your Attorney Can Help
Photographs and Video Evidence
Visual documentation from cell phones or cameras often provides the clearest evidence of liability. These raw, unaltered records help insurance adjusters and attorneys understand what occurred during the incident. Your attorney will know what details need photographic documentation. The immediate accident damage provides only part of the story. Environmental conditions can impact liability significantly. Road conditions may have contributed to the incident. […]
