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 difference between contributory negligence and comparative negligence?
Understanding the nuances of negligence is crucial when you’re involved in a personal injury case. Two terms that often come up are “contributory negligence” and “comparative negligence.” These legal doctrines can significantly impact the outcome of your case, affecting everything from eligibility for compensation to the amount you might receive.
What is Negligence?
Negligence is a legal term that refers to the failure to exercise the level of care that a reasonable person would have exercised in a similar situation. It’s not just about doing something wrong; it’s about failing to do what’s right to prevent harm to others. Here are some key elements that typically must be proven to establish negligence in a personal injury case:
Duty of Care
The first element in proving negligence is establishing that the defendant owed a “duty of care” to the plaintiff. […]
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Commercial Truck Accidents
A Commercial Truck Accident Can Be Catastrophic. Munley Law is Here to Help.
In a time when we click a button and expect a product to arrive at our doorstep within 24 hours, commercial trucks have become an exceptionally important part of the world as we know it. Commercial drivers ensure that goods move from point A to point B and eventually end up with us. But with a shortage of drivers and more demanding schedules, in no surprise that commercial truck accidents have increased in the past few years. Getting into a crash with a commercial truck can result in severe injuries, leading to a hefty financial debt. You will need the assistance of a truck accident attorney to help you with the burden.
If you or a loved one has been in an accident that involves a commercial truck, we are first and foremost so deeply sorry you’ve had to endure that experience. […]
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Head-On Truck Accidents
Don’t Take on the Truck Company Alone. Our Head-On Truck Accident Lawyer Will Fight For You.
If you or a loved one has been involved in a head-on truck accident, you may be feeling overwhelmed and uncertain of what to do next. At Munley Law, we understand the confusion and stress that comes with these types of motor vehicle accidents. That’s why we’re here to help. Our experienced truck accident lawyer will guide you through every step of the process, from investigating the accident to filing a claim and getting the compensation you deserve.
Don’t wait another second. Contact our truck accident attorney today for a free consultation.
How Do Head-On Truck Accidents Occur?
Head-on collisions are some of the most traumatic events in terms of the damage caused and often result in life-threatening injuries or even death. These collisions occur when two vehicles traveling in opposite directions collide in a frontal collision. […]
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Frequently Asked Questions About Workers’ Compensation in Bensalem
At Munley Law, we understand that navigating the world of workers’ compensation can be complex and overwhelming, especially during times of stress. That’s why we’ve created this resource – to provide you with clear, local, and relevant information about workers’ compensation in Bensalem. We have more than 60 years advocating for injured workers in Bensalem, PA.
Why Workers’ Compensation Matters in Bensalem 
Bensalem, a vibrant and bustling community in Bucks County, Pennsylvania, is home to hardworking individuals who contribute to various industries.
Whether you’re employed in healthcare, manufacturing, retail, or any other sector, understanding your rights and options when it comes to workers’ compensation is essential. Accidents and injuries can happen anywhere, and workers’ compensation serves as a safety net to protect you and your family during these unexpected moments.
Navigating Workers’ Compensation: Local Expertise at Your Fingertips
At Munley Law, […]
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York Nursing Home Abuse Lawyer
Nursing home residents deserve quality, attentive care during their golden years. Unfortunately, not all assisted living facilities and nursing staff can be trusted to care for your loved one. If you have noticed sudden change in your loved one or suspect they have suffered abuse, you need to contact a Pennsylvania nursing home abuse lawyer from Munley Law right away.
York, PA, is a thriving city with something for everyone. Founded in 1741, it played a vital role during the American Revolutionary War and even served as the temporary U.S. capital. The city boasts landmarks like the Colonial Complex and the York Central Market, and also offers a blend of art galleries, museums, and vibrant community events. York offers a unique blend of tradition and contemporary culture. Munley Law works to protect residents from abuse or neglect so that your loved one can enjoy all that York has to offer. […]
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