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.
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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How Can a Truck Accident Lawyer Help?
Why Do I Need a Truck Accident Lawyer After an Accident?
Dealing with the aftermath of a truck accident in Pennsylvania can be frustrating, stressful, and devastating. Faced with medical expenses, pain and sufferings, and lost wages, the road to recovery may seem long and hard for both you and your family. What you need is an experienced truck accident lawyer to help you receive the maximum amount of compensation for your losses, in a timely manner, so you and your family can start the healing process.
But how can a truck accident lawyer help your claim and why do you need one? Let’s explain.
A Truck Accident Lawyer Can Help With Deadlines and Evidence
Timeliness is critical when establishing liability and the best possible financial compensation that you are entitled to. Reputable truck accident lawyers understand that timing is crucial to ensure a fair, […]
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What is the Truck Accident Claim Process?
What Happens After a Trucking Accident?
Being involved in an truck accident is a traumatic experience. Like a car accident, a truck crash can cause debilitating personal injuries and emotional distress–but due to the sheer size and force of the vehicle, truck accidents often cause more severe injuries and mental agony than an accident involving passenger cars alone.
When you or a loved one is involved in a truck accident, the last thing you want to do is try and figure out the complicated truck accident claim process.
It is essential, however, that you act fast–while evidence is fresh and before the statute of limitations runs out–in order to ensure you receive the full and fair compensation you deserve. Thankfully, an experienced truck accident lawyer can handle most steps of the truck accident claim process for you, […]
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How Can You Prove Who is Responsible For a Truck Accident?
How Difficult is It to Determine Fault in a Trucking Accident?
In some cases, determining fault in a car accident is fairly straightforward. There’s a clear party at fault, and a clear victim. But far more often that not, determining fault in truck accidents is a highly complex process. There are a great deal of potentially liable parties, and a huge amount of evidence that must be reviewed in order to correctly determine fault. What’s more, there is an inherent level of complication when a commercial truck is involved; this means that rather than navigating amongst passenger vehicles and their individual drivers, you must also navigate with a large company, which likely has extensive legal resources.
At Munley Law Personal Injury Attorneys, our truck accident lawyers believe that all truck accident victims deserve justice. We also understand that the legal system can feel overwhelming, […]
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Should I Accept the Insurance Company’s Offer After a Truck Accident?
Should I Take the Insurance Company’s Settlement?
Truck accidents are complex, multi-faceted, traumatic, and emotionally draining events for all parties involved — especially truck accident victims. If you or your loved one has fallen victim to such a devastating occurrence, there is evidence to scrutinize, truck logs to detail, mechanical efficacies to validate, and liability to determine.
Big trucking companies have built-in insurance company representatives who are trained to empathize and to negotiate an early settlement offer with you. You are likely to endure more injuries and expenses than you originally thought, and once you formally agree and accept an insurance settlement offer, you cannot later act on second thoughts; further negotiations are considered off the table.
This all leads to why you should never be hasty to accept an initial offer that an insurance company makes — the best way to protect your rights after a truck accident is to make sure you don’t speak with the insurance company until you first speak with an experienced truck accident lawyer at Munley Law Personal Injury Attorneys who will defend your rights and ensure that you are fairly compensated. […]
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Preserving Evidence After a Truck Accident
Most people know, generally, that they have rights after an accident caused by someone else. However, knowing you have rights in the abstract is very different from being in a situation in which you have to enforce those rights. This is especially true following a truck accident, which often times cause more severe injuries and involve multiple drivers. A truck accident lawyer can help you navigate the aftermath an accident. But that lawyer will need evidence if they’re going to win.
There’s no way around it, being in an accident is scary and overwhelming. For that reason, our first thought after a truck accident is rarely “What evidence do I need to successfully recover for my injuries in a personal injury claim?” It’s completely understandable; injuries after a truck accident are often traumatic, and you and your family are focused on recovery. However, […]
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