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.
More information about Claim
Understanding Spinal Cord Injuries: Causes, Consequences, and Legal Support
Spinal cord injuries are devastating events that can change a person’s life forever. They often result in significant physical, emotional, and financial challenges. Philadelphia spinal cord injury lawyers at Munley Law Personal Injury Attorneys are dedicated to providing support and legal assistance to those affected by these traumatic injuries.
Most Common Types of Spinal Cord Injuries
There are two main types of spinal cord injuries – complete and incomplete. A complete injury results in a total loss of sensory and motor function below the injury level, while an incomplete injury means that there is some remaining function. The severity of the injury depends on the location and extent of the damage.
Long-term Effects of Spinal Cord Injuries
The long-term effects of spinal cord injuries are profound and can affect every aspect of a person’s life. Common consequences include paralysis (quadriplegia or paraplegia), […]
Read MoreMore information about Claim
Easton Lyft Accident Lawyer
The advent of ride-sharing services has revolutionized transportation in cities across the country, and Easton, Pennsylvania is no exception. With the Delaware River as its backdrop, this charming city has embraced the convenience and accessibility of services like Lyft, making it easier than ever for residents and visitors to navigate its historic streets and vibrant downtown area. However, with this increase in ride-sharing vehicles on the road, the unfortunate reality is that accidents involving Lyft drivers have become more common.
Whether you’re a student at Lafayette College, a resident enjoying a night out in Centre Square, or a tourist visiting the Crayola Experience with family, the risk of being involved in a Lyft accident is real. In such stressful and often traumatic situations, having a knowledgeable and experienced Easton Lyft car accident lawyer by your side is crucial.
This is where Munley Law comes into play, […]
Read MoreMore information about Claim
Lower Merion Rideshare Accident Lawyer
In today’s digitally-driven age, rideshare services have become an indispensable part of our daily commutes. From catching a quick ride to the grocery store to airport drop-offs, services like Uber and Lyft have made transportation simpler and more accessible for many. However, with this surge in usage, there has been a corresponding increase in rideshare-related accidents.
These incidents often involve complex legal terrains due to the interplay between personal insurance, rideshare company policies, and local regulations. As such, victims of rideshare accidents in Lower Merion require specialized legal representation to ensure they receive the compensation they rightfully deserve.
If you or a loved one were involved in an accident involving a rideshare company like Uber or Lyft, an experienced personal injury attorney from Munley Law can help.
The Intricacies of Rideshare Car Accidents
Rideshare motor vehicle accidents present a legal maze that’s distinct from standard auto accidents. […]
Read MoreMore information about Claim
Lancaster Premises Liability Lawyers
Holding property owners in Lancaster County responsible for their dangerous spaces
Lancaster County, with its rich history, charming towns, and beautiful landscapes, is a place where residents and visitors alike should feel safe to explore and enjoy. From the historic streets of downtown Lancaster to the scenic beauty of the surrounding Amish countryside, this region is filled with cultural treasures and natural wonders. Unfortunately, when property owners fail to maintain safe spaces, these attractions can become perilous. At Munley Law, our premises liability lawyers are dedicated to protecting the rights of those injured due to such property owner’s negligence. We are committed to holding property owners accountable and ensuring that victims receive the compensation they deserve, preserving the integrity and safety of our beloved Lancaster County.
Lancaster slip and fall accidents: injuries due to slippery or uneven surfaces on someone else’s Lancaster property
Slip and fall accidents are among the most common types of premises liability cases. […]
Read MoreMore information about Claim
Upper Darby Traumatic Brain Injury Lawyer (TBI)
Unlocking justice: Your advocate after a traumatic brain injury in Upper Darby
In the heart of Upper Darby, nestled among its iconic landmarks like the Tower Theater and the historic 69th Street, a beacon of hope stands for those who have faced life-altering events. Traumatic brain injuries (TBI) can be both devastating and overwhelming, altering the course of an individual’s life in an instant. Munley Law, Upper Darby’s premier traumatic brain injury lawyer, understands the profound impact of such injuries and is committed to guiding victims through the legal maze. With deep roots in the community, our Philadelphia brain injury law team offers a blend of local understanding and legal expertise, making us a trusted ally in the pursuit of justice. When the streets of Upper Darby bear witness to unexpected tragedies, Munley Law stands ready to champion the rights of TBI victims. […]
Read More