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.
More information about Claim
What Are Typical Pain and Suffering Awards?
Understanding pain and suffering awards is essential for victims seeking compensation. Pain and suffering involve physical discomfort and emotional distress resulting from an injury. These awards can vary based on the severity of the injuries, as well as their impact on the victim’s quality of life. Here, we’ll explore the factors that influence typical pain and suffering awards, how to calculate them, and the evidence needed to prove your case.
Defining Pain and Suffering in Personal Injury Cases
In personal injury cases, physical pain can include everything from mild discomfort to severe agony, while emotional distress refers to anxiety, depression, or post-traumatic stress. In these types of claims, it’s important to differentiate between short-term and long-term suffering.
Short-term suffering represents pain experienced immediately after an injury that may resolve over time. Long-term suffering, however, can lead to chronic pain, […]
Read MoreMore information about Claim
What Is a Catastrophic Injury?
A catastrophic injury can dramatically transform a person’s life in an instant. If you’ve sustained a catastrophic injury because someone else was negligent, you may deserve compensation for the long-term losses and difficulties resulting from your injuries.
First, it’s important to understand what such injuries are and how they can affect your life. If you’ve suffered a catastrophic injury due to another’s negligence, contact the catastrophic injury lawyers at Munley Law today for a free consultation.
Defining Catastrophic Injuries
What is a catastrophic injury? To some extent, that can depend on your location. Different jurisdictions have different legal definitions for catastrophic injuries. In some states, like Pennsylvania, there is no statute specifically defining these types of severe injuries.
Regardless, it’s possible to arrive at a definition of a catastrophic injury by highlighting the ways it may differ from another type of personal injury. […]
Read MoreMore information about Claim
How Are Medical Bills Paid After a Car Accident in Bensalem?
If you’ve been involved in a car accident in Bensalem, Pennsylvania, you may be facing not only physical and emotional challenges but also the daunting prospect of dealing with medical bills. In such a stressful time, understanding how medical bills are paid can provide you with valuable information and peace of mind. At Munley Law Personal Injury Attorneys, our Bensalem car accident lawyers have extensive experience in helping car accident victims in Bensalem and the surrounding areas navigate the complex process of medical bill payment.
Insurance Coverage for Medical Bills
One of the primary sources of payment for medical bills after a car accident is insurance coverage. In Pennsylvania, drivers are required to carry a minimum amount of auto insurance, which includes:
Medical Benefits (Med Pay)
Medical Benefits, often referred to as Med Pay, is an optional but highly recommended type of auto insurance coverage for drivers in Pennsylvania. […]
Read MoreMore information about Claim
What Is the Difference Between Catastrophic Injury vs Personal Injury?
When accidents occur due to someone else’s careless actions, the consequences can range from minor injuries to life-altering trauma. While any injury can disrupt daily life, catastrophic injuries represent a particularly devastating category of harm that goes far beyond typical personal injury cases. These profound injuries fundamentally change the path of a victim’s life, affecting not just their immediate health but their entire future.
Seeing how personal injury differs from catastrophic injury helps explain why these cases need expert legal help and careful planning for the future.
Defining Catastrophic and Personal Injuries
Some states provide specific definitions of catastrophic injuries, but many do not. Where there is no official legal definition of a catastrophic injury, understanding the topic becomes easier when comparing it to a general personal injury.
The severity of a personal injury can vary depending on many factors. Some minor injuries heal in a few days, […]
Read MoreMore information about Claim
What If Road Debris Causes Your Car Accident?
When debris flies from a vehicle and onto the road, all other drivers are at risk of being injured in road debris accidents. Perhaps you were injured in such an accident because of unsecured loads or another form of negligence. Now, you may be facing medical expenses, lost income, and a range of other struggles.
You deserve compensation if someone’s negligence caused a road debris crash. However, it’s important to consider how the process of seeking compensation in these circumstances may be unique when compared to other personal injury cases.
Understanding Road Debris Accidents
Road debris can take many forms. The following are common types of road debris that could potentially cause accidents:
- Cargo that has fallen from trucks
- Fallen trees and large tree limbs that have fallen to the ground
- Debris from a previous collision
- Tires
- Broken glass
- Litter
- Rocks
- Garbage
Don’t underestimate how dangerous road debris can put drivers at risk. […]
Read More
