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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What Is the Statute of Limitations For a Slip and Fall Injury in Philadelphia?
Philadelphia, the City of Brotherly Love, is renowned for its rich history, iconic Liberty Bell, and irresistible cheesesteaks. Its unique blend of historic charm and modern urban life attracts millions every year. Yet, like any bustling city, accidents such as slip and fall injuries are not uncommon on its cobblestone streets and contemporary establishments. Understanding the statute of limitations — a legal term that refers to the set duration within which one must initiate legal proceedings from the date of an alleged offense — becomes vital in such scenarios.
This time limit serves to ensure fairness in legal claims and prevent stale claims from arising. For anyone in Philadelphia who has experienced a slip and fall, being aware of these time constraints is crucial. Such knowledge can mean the difference between receiving due compensation or missing out due to a legal technicality. […]
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Williamsport Slip and Fall Lawyer
Williamsport is not just the county seat of Lycoming County; it is a city steeped in history and community spirit. Nestled along the West Branch Susquehanna River, Williamsport is renowned for its picturesque landscapes and vibrant cultural scene.
Williamsport PA is not immune to accidents and injuries. Slip and fall accidents can happen anywhere, whether you are enjoying a stroll downtown, shopping at a local business, or simply going about your daily routine.
At Munley Law, we understand the physical, emotional, and financial toll that slip and fall injuries can take on you and your family. Our dedicated attorneys are here to help you navigate the legal process, fight for your rights, and secure the financial compensation you deserve. With our deep roots in the community, we are the trusted choice for legal representation in Williamsport and beyond.
If you or a loved one has been injured in a slip and fall accident, […]
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Upper Darby Lyft Accident Lawyer
Upper Darby, nestled in the bustling metropolitan area of Pennsylvania, has witnessed a surge in the popularity of rideshare services like Lyft. As these services become an integral part of our daily transportation, the unfortunate reality is that Lyft accidents are on the rise. Whether you are a passenger, a Lyft driver, or a third party affected by a Lyft accident, it is crucial to have a knowledgeable and experienced accident lawyer to guide you through the complex legal landscape.
At Munley Law, we understand the unique challenges that Lyft accident victims face, from dealing with insurance companies to securing fair compensation for medical bills and lost wages. Our Lyft accident attorneys have a proven track record of successfully navigating these challenges, ensuring that our clients receive the maximum compensation they deserve.
If you or a loved one has been involved in a Lyft accident in Upper Darby, […]
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When Is It Too Late to Hire a Lancaster Car Accident Lawyer?
Munley Law has an experienced team of Lancaster car accident lawyers who are dedicated to helping victims in Lancaster navigate the complex process of filing a claim. They have a proven track record of successfully assisting car accident victims and securing the compensation they deserve. It is essential to act promptly and hire a lawyer as soon as possible following a car accident. The statute of limitations places a strict deadline on when a claim can be filed, and waiting too long may result in the loss of crucial evidence. By hiring Munley Law, car accident victims in Lancaster can ensure their rights are protected, and they receive the best possible outcome for their case.
Understanding the Statute of Limitations
The statute of limitations sets a deadline for filing a lawsuit. In Pennsylvania, the statute of limitations for personal injury claims, […]
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What Happens If My Uber is In an Accident In Philadelphia?
Ridesharing services like Uber have revolutionized the way we commute. With just a tap on our smartphones, we can summon a ride to our doorstep, making transportation more convenient than ever. However, as with any vehicle on the road, Ubers are not immune to accidents. When you’re in an Uber that gets into an accident in Philadelphia, the situation can become complex, given the unique nature of ridesharing services.
Understanding Uber’s Insurance Policy
Uber, being one of the leading ridesharing platforms, has put in place a comprehensive insurance policy to protect its drivers, passengers, and even third parties in the event of an accident. However, the coverage varies depending on the driver’s status at the time of the accident:
- When the App is Off: If the Uber driver is not logged into the app, their personal auto insurance will be the primary coverage. […]