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 Sue for Cerebral Palsy in Stroudsburg, PA?
Cerebral palsy, a lifelong neurological condition, impacts a person’s muscle coordination and movement ability. It is often caused by damage to the developing brain before, during, or shortly after birth. Unfortunately, birth injuries such as oxygen deprivation, trauma, or infections can be the underlying cause of cerebral palsy. If you or your child has been diagnosed with cerebral palsy in Stroudsburg, PA, resulting from a preventable medical error, you may be wondering if you have grounds for a lawsuit. It’s best to speak with an experienced Stroudsburg birth injury lawyer to learn your legal options.
Understanding Cerebral Palsy and its Causes
Cerebral palsy can result from various factors, including instances of medical negligence. When medical professionals don’t stick to the standards of care, and it hurts someone, that’s medical negligence. If you think your child has cerebral palsy because of a doctor’s mistake, […]
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Understanding Uber Accident Liability in Wilkes-Barre, PA
With more people relying on rideshare services to get from point A to point B, it’s no surprise that Uber accidents are rising. But when you’re involved in an accident with an Uber driver, knowing who is liable for your injuries and damages is important. The Uber driver, their insurance, Uber, or another driver may be held liable for an accident. However, there are set limitations on who can be held at fault. Because of the intricacies of Wilkes-Barre Uber accidents, if you’ve been hurt in a rideshare collision, you need a trusted Wilkes-Barre Uber accident lawyer from Munley Law to help you navigate liability claims.
Who Can Be Held Liable For an Uber Accident?
When an Uber accident occurs in Wilkes-Barre, determining liability can be complex due to the multiple parties involved and the unique nature of ridesharing services. […]
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What Is the Statute of Limitations for Personal Injury Claims in Wilkes-Barre, PA?
Understanding the statute of limitations for a personal injury is important for anyone seeking justice. This legal timeframe determines how long an injured party must file a lawsuit to seek compensation. Failing to file within this window can result in losing the right to sue. In Wilkes-Barre, PA, the statute of limitations for personal injury claims is generally two years from the date of the injury. However, there are exceptions to the statute of limitations; therefore, consulting with a Wilkes-Barre personal injury attorney, such as those at Munley Law, is critical for accurate and timely guidance.
What Is a Statute of Limitations?
A statute of limitations is a law setting the maximum time after an event where legal proceedings may be initiated. For personal injury claims, it is the time limit set by law for an injured party to file a lawsuit against the at-fault party. […]
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What Does a Truck Accident Lawyer Do in Allentown, PA?
If you’ve been injured in Allentown, PA, in a truck accident, you may be wondering what your next steps should be. A truck accident can be overwhelming, both physically and emotionally. That’s where an Allentown truck accident lawyer comes in. At Munley Law, we understand the challenges of being injured in Allentown, PA, and are dedicated to helping you get the compensation you deserve. But what exactly does a truck accident lawyer do in Allentown, PA? Let’s take a closer look.
Understanding the Role of a Truck Accident Lawyer
When understanding the role of a truck accident lawyer in Allentown, PA, there are a few key aspects to consider.
These lawyers specialize in helping individuals injured in truck accidents navigate the complex legal process and obtain the compensation they deserve. They have extensive knowledge of the laws and regulations surrounding truck accidents and can evaluate the specifics of your case to determine the best course of action. […]
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Scranton Construction Accident Lawyer
When faced with the fallout of being injured in a construction accident, finding the right Scranton construction accident lawyer is vital. This resource is designed to tackle your queries about legal representation directly, explain the importance of local expertise, and outline your options for compensation. Our goal is to empower you with the information you need, without the fluff, to take the next step in your recovery.
Why Choose a Scranton Construction Accident Lawyer?
When dealing with the aftermath of a construction accident, the right legal representation can make all the difference. What makes a Scranton construction accident lawyer the right choice for you? The answer is their local expertise, personalized approach, and impressive track record.
Construction accident lawyers in Scranton offer the following benefits:
- Extensive knowledge of local laws and regulations about construction accidents
- Established connections within the local legal system, […]
