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 Number One Injury For Truck Drivers in a Truck Accident in Scranton?
Whiplash is the number one injury for truck drivers involved in a truck accident in Scranton. Truck accidents are dangerous for those in the other vehicle and the truck driver. A sudden crash can make their head jerk back and forth, causing whiplash. If you are a truck driver involved in a trucking accident in Scranton, PA, contact a Scranton truck accident lawyer near me to learn your legal options and to see what your next steps should be.
What Are the Risks of Driving a Commercial Truck in Scranton?
Navigating the roads of Scranton, Pennsylvania, is no small feat for truck drivers. With challenges presented by bustling traffic, ever-changing weather patterns, and the distinct hilly landscape, every journey tests skill and endurance.
These challenges can be heightened by the demand for long driving hours, leading to fatigue and potentially compromising alertness. […]
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How Do You Calculate Pain and Suffering in a Truck Accident in Scranton?
Truck accidents can have devastating consequences, both physically and emotionally. If you have been involved in a truck accident in Scranton, Pennsylvania, you may be entitled to compensation for your pain and suffering. However, determining the amount of compensation can be a complex process. How do you put a dollar value on your suffering? Understanding how pain and suffering are calculated in a truck accident settlement and how a Scranton truck accident lawyer can help you receive the total compensation you deserve is essential. Our Scranton truck accident lawyers explore the factors considered when calculating pain and suffering in a truck accident settlement in Scranton.
What is Pain and Suffering in Legal Terms?
Pain and suffering are terms used in the legal world to describe the physical and emotional hardships that individuals experience as a result of a truck accident. […]
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Carbondale, PA Distracted Driving Accident Lawyer
Anytime something or someone diverts a driver’s attention from the road; they are driving distracted and risking a serious car accident. Be it a text, changing the radio station, eating fast food, or even talking to a passenger, these simple actions that only take seconds can change your life instantly.
Distracted driving car crashes have claimed the lives of thousands and injured even more. If you or a loved one were involved in an accident with a distracted driver, a free consultation with the Carbondale distracted driving accident attorneys of Munley Law can provide legal guidance for your claim.
How Our Distracted Driving Car Accident Lawyers Can Help You
To have a distracted driving claim, you must prove that the other driver was distracted behind the wheel. However, this segment of personal injury law is more challenging than you may think. […]
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Bethlehem Cerebral Palsy Lawyer
Three out of every 1,000 births in the United States will result in a baby being diagnosed with cerebral palsy. Sometimes, a child will develop cerebral palsy in the womb due to the brain not developing properly. Other times, cerebral palsy can be caused by medical negligence during the delivery process.
If your child was diagnosed with cerebral palsy as a result of medical malpractice, the Bethlehem PA, cerebral palsy attorneys of Munley Law can guide you through the legal process and help you get compensation for your child’s medical needs.
What is Cerebral Palsy?
Cerebral palsy is a group of neurological disorders that impact a person’s movement, balance, and posture. For some people with cerebral palsy, it can also cause intellectual disabilities, seizures, vision, hearing or speech loss, and spine and joint problems. […]
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Pennsylvania Birth Injury Lawyer
The Pennsylvania birth injury lawyers of Munley Law have spent decades supporting injury victims, including the most vulnerable–newborns. A birth injury results from physical trauma to the mother or infant during the labor and delivery process, resulting in harm. For many families, a mistake in the delivery room can lead to a lifetime of medical needs and recurrent costs.
If your child suffered a birth injury, a Pennsylvania birth injury lawyer from Munley Law can guide you through the legal process and help you secure the compensation you need to care for your baby. For a no-obligation, free consultation, contact Munley Law today.
What is a Birth Injury?
During the labor and delivery process or shortly after delivery, a baby may suffer a physical injury that may or may not cause harm to a structure or function of the body. Birth injuries may range in severity from mild to life-threatening. […]
