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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Personal Injury Claims: What to Expect
Getting hurt in an accident can turn your life upside down. Understanding how personal injury claims work will help you get the compensation you deserve while focusing on your recovery.
How Long Do Most Personal Injury Claims Take?
Most personal injury claims take four to 12 months to wrap up, though some cases might need more time. The timeline depends on how serious your injuries are, who was at fault, and whether the insurance company works with you or against you. If your case goes to court, it could take longer than if you settle outside court.
It’s smart to wait until your doctors say you’re as recovered as you’re going to get before settling. This way, you’ll know what your long-term medical needs and costs will be.
How Does the Claims Process Work?
The personal injury claims process is straightforward – […]
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Can I Sue the Insurance Company for Delaying a Claim?
Accepting the first settlement offer an insurer makes when filing a personal injury claim, auto claim, or other such claim is often unwise. An insurance company’s initial settlement offer may not represent the full amount of compensation you deserve.
However, once you do accept a settlement amount, you may expect the insurance company to issue a check relatively shortly after. Perhaps this hasn’t happened.
An insurance company may not be engaging in good faith practices if it is delaying payment unreasonably. Speak with our personal injury team at Munley Law to learn more about your options in these circumstances.
Understanding Insurance Bad Faith
There is an implied contract between an insurer and a client. Per this implied contract, the insurance company theoretically agrees to operate in good faith, […]
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Wilkes-Barre Medical Malpractice Lawyer
For 65 years, the Wilkes-Barre medical malpractice lawyers at Munley Law have secured millions in compensation for victims of medical negligence. Trusting your health and safety to someone else can be incredibly vulnerable. Medical errors and negligence can lead to long-lasting consequences, emotionally and physically affecting you. When local facilities, such as Geisinger Wyoming Valley or Wilkes-Barre General, fail to uphold the standard of care, we hold them accountable.
At Munley Law, we understand the emotional toll this situation can take on you and your family. We are committed to providing the compassion, care, and timely service you deserve. Our legal team offers a free initial consultation and advice tailored to your case needs. Contact us today for your free consultation.
Proving Medical Malpractice in Wilkes-Barre
According to the Unified Judicial System of Pennsylvania, there were 1,322 medical malpractice filings in Pennsylvania in 2022, […]
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What Do Workers’ Compensation Attorneys Do?
A Workers Comp Attorney Can Help You Recover
If you’re wondering “What do workers’ compensation attorneys do?” the answer is simple. When you suffer a serious injury at work, the Munley Law Personal Injury Attorneys workers’ compensation lawyers are here to help. Getting injured at work can be extremely stressful. If your injury is severe and leaves you incapable of returning to work right away, it can throw you and your family into financial uncertainty. But that can also leave you stressed, wondering “how much does
Workers’ compensation, which is money paid to employees who are injured on the job, should be readily available to all injured employees. Unfortunately, that’s not always the case. This is why you need an experienced workers’ compensation attorney on your side. They will help you navigate through the paperwork and claims process. If your case is denied, […]
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What Is a Bobtailing Truck?
A bobtail truck is a semi-truck driving without its trailer attached – a sight you may have encountered on highways and roads. While these trucks might appear more manageable and safer without trailers, this configuration introduces unique hazards. Semi-trucks are specifically engineered to haul heavy loads, and when operating without a trailer, their weight distribution and handling characteristics change significantly, creating unexpected dangers. The Federal Motor Carrier Safety Administration (FMCSA) reports that bobtail trucks account for approximately 5% of annual truck accidents. Despite their smaller profile, these vehicles can still cause devastating injuries in collisions, which is why accident victims often require the expertise of a truck accident law expert.
If you have been injured by a bobtailing truck, you need a skilled truck accident lawyer.
Bobtail Trucks in Commercial Transportation
The term bobtail truck refers to a truck, […]
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