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 My Doctor For Medical Malpractice in Wilkes-Barre If I Contracted Sepsis?
If you were provided medical care and that care resulted in contracting sepsis, you may be able to sue your doctor for medical malpractice. However, that all depends on the specific details of your case. To have a medical malpractice claim, a healthcare professional must have deviated from the expected standard of care, leading to your illness or injury. Our Wilkes-Barre medical malpractice lawyer can help you understand your legal options if you’ve become ill or injured after medical care.
Elements of a Medical Malpractice Case
In medical malpractice cases, especially those involving severe conditions like sepsis, understanding the basic elements of a claim is critical. In any personal injury case, the plaintiff must show four elements to prove that the medical professional or facility was responsible for the sepsis: duty of care, […]
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How Much is the Average Workers’ Compensation Settlement?
Determining how much compensation the average workers’ compensation settlement is can be a rather loaded question. In general, there is no average settlement regarding Pennsylvania workers’ compensation as it will largely depend on the severity of the injuries incurred in the workplace. However, there are ways we can estimate how much workers’ compensation you may be entitled to. The workers’ comp lawyers of Munley Law Personal Injury Attorneys explain.
How to Determine the Average Workers’ Compensation Settlement
To determine the average workers’ compensation settlement amount, you need to consider the various benefits you may receive after a workplace injury. The benefits include the following:
Medical Costs
After a workplace injury, you will likely amass some expenses related to the injury. Part of your workers’ comp settlement will include coverage for medical costs, meaning any medical expense related to the injury. […]
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Can I Sue for a Hit and Run in Allentown, PA?
Being involved in a hit-and-run car accident can be a traumatic and frustrating experience. Not only do you have to deal with the physical and emotional aftermath of the accident, but you may also face financial burdens such as medical bills, lost wages, and car repairs. However, as a resident of Allentown, PA, you can seek compensation for your damages. With the experienced and dedicated Allentown car accident lawyer at Munley Law on your side, you can maximize your chances of getting fair compensation for a hit-and-run accident.
What Constitutes a Hit and Run Accident?
Being involved in a hit-and-run accident can be a terrifying and frustrating experience. It is a situation where a driver leaves the scene of an accident without stopping to exchange information or assist those who may be injured. In Allentown, PA, as in any other jurisdiction, […]
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How To Deal With Trucking Companies And Their Insurers in Carbondale
Truck accidents can have life-altering repercussions, often necessitating dealing with large trucking corporations and their insurance providers – entities often equipped with resources and legal teams – after an incident. Munley Law’s dedicated legal team of Carbondale truck accident lawyers strives to make sure your voice is heard as we fully compensate you for losses and suffering incurred. We help Carbondale residents effectively negotiate with these parties while upholding their rights at every turn.
Understanding Carbondale and Its Trucking Landscape
Carbondale plays a pivotal role in the trucking industry due to its strategic location as a transportation hub – numerous trucks pass through daily, adding further risk of accidents; therefore, having access to an experienced Carbondale truck accident lawyer becomes even more essential.
Carbondale’s trucking industry presents many distinct challenges and risks. Major routes through Carbondale see an overwhelming volume of heavy vehicle traffic, […]
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How to Determine Fault in a Williamsport Car Collision
Car collisions still happen frequently enough that questions about liability determination arise almost daily. Understanding Pennsylvania’s traffic laws as well as liability rules involved with car accidents becomes paramount to successfully proceeding with legal proceedings.
Our Williamsport car accident lawyers can provide essential support during times of distress and uncertainty following a car collision in Williamsport. Their local knowledge and legal expertise make them particularly helpful during such trying experiences.
Understanding Pennsylvania Car Accident Laws
Navigating the aftermath of a car collision in Pennsylvania requires knowledge of state traffic laws that play an integral part in establishing blame and legal proceedings. Pennsylvania utilizes no-fault and traditional tort systems, making establishing fault a complex yet essential process.
Under a “no-fault” system, drivers must purchase personal auto insurance to cover medical expenses and out-of-pocket losses regardless of who caused an accident. […]
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