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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Intersection Car Accidents
If you’ve been injured in an intersection accident, you need a car accident lawyer who understands the complex factors involved in these crashes. Intersection accidents often result in devastating injuries due to the force of impact, especially in T-bone collisions or pedestrian accidents. At Munley Law, we’ve helped thousands of intersection accident victims get the compensation they deserve, whether they were drivers, passengers, pedestrians, or cyclists.
Determining fault in intersection crashes can be challenging, especially when multiple vehicles or parties are involved. Insurance companies often try to shift blame between drivers or minimize the severity of injuries. Don’t let the insurance company pressure you into accepting less than you deserve.
Contact Munley Law today for a free consultation with our experienced intersection accident attorneys. We’ll evaluate your case, explain your rights, and fight to hold negligent drivers accountable. […]
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How Does the Sovereign Immunity Act Impact My Lawsuit Against SEPTA?
Suppose you are among the millions using the Southeastern Pennsylvania Transportation Authority (SEPTA) daily. In that case, you may wonder what happens if you get into an accident. Are you able to sue? This is where the Sovereign Immunity Act comes into play. At its core, the Act protects state agencies like SEPTA from specific legal actions. The law might sound daunting, but a Philadelphia SEPTA accident lawyer can guide you. This article will break down the intricacies of this legislation and its bearing on potential lawsuits against SEPTA.
SEPTA provides public transit for 3.9 million people in five counties in and around Philadelphia via bus, subway and elevated rail, commuter rail, light rail, and electric trolleybus. As one of the largest transit agencies in the United States, SEPTA manages over 200 routes connecting cultural, business, and shopping destinations across the region. The authority manages, maintains, […]
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Can You Claim Whiplash After a Bus Accident in Bethlehem?
As a bus passenger, you might never anticipate the sudden jolt that results in a painful condition known as whiplash. This invisible injury, often dismissed due to a lack of visible evidence, can have serious repercussions.
In the aftermath of a bus accident, it’s crucial to understand your rights and potential claims. This article will guide you through the complexities of claiming whiplash after a bus crash. Through legal and medical lenses, our Bethlehem bus accident attorneys will explore your avenues for compensation and the steps required to fortify your case.
What is Whiplash?
Whiplash is a non-medical term often used to describe a range of injuries to the neck caused by or related to a sudden distortion of the neck associated with extension. However, the exact injury mechanisms remain unknown. According to the American Physical Therapy Association (APTA), […]
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Can You Sue for a Hit and Run in Pennsylvania?
Navigating the complexities of a hit and run accident can feel daunting. This article will guide you through Pennsylvania’s traffic laws, the distinctions between civil and criminal cases, and how they pertain to hit and run situations. You’ll also discover practical steps to take after a hit and run incident. This article provides a comprehensive understanding of your rights and potential recourse in these distressing circumstances. If you get into a hit and run accident anywhere in Pennsylvania, contact our Pennsylvania car accident lawyer today to schedule a free consultation.
Pennsylvania’s Traffic Laws: A Broad Overview
Pennsylvania’s Vehicle Code outlines all traffic rules that apply in the state. Notably, when an accident occurs, the code specifies certain obligations for drivers. These include stopping as soon as possible, staying at the accident scene, providing identification details, […]
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Wilkes-Barre Construction Accident Lawyer
For those working in the construction industry, there is daily danger. For the over 35,000 construction workers in Pennsylvania, having a Wilkes-Barre construction accident lawyer from our law firm on your side if injury occurs can be critical.
Munley Law is here if you or a loved one were injured in a construction accident due to employer negligence, premises liability, or third-party negligence. For more than 60 years, the attorneys at Munley Law have represented injured workers who were hurt in a slip and fall, struck by objects, caught in between objects and machinery, and electrocutions. No matter the cause of your workplace injury, a Wilkes-Barre construction accident law firm can help you recover the compensation needed to move forward. For a no-obligation, free consultation, contact us today.
Munley Law Wilkes-Barre Construction Accident Lawyers Navigate Claims
After suffering an injury, […]
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