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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How is Pain and Suffering Calculated in a Car Accident in Scranton?
Accidents are unfortunate events that can turn lives upside down in mere moments. Beyond the immediate physical injuries, the emotional and psychological aftermath of a car accident can be equally, if not more, devastating. After you’ve been injured in a car accident, you may learn that you can sue for “pain and suffering.” But what does this mean, exactly? And how does a legal team calculate the monetary value of pain and suffering when demanding compensation for you? Pain and suffering can be an abstract concept, but an experienced, creative, and highly skilled Scranton car accident attorney can calculate appropriate damages based on the suffering you and your family have endured through no fault of your own.
What is pain and suffering?
Let’s begin by defining the concept of pain and suffering as it pertains to a personal injury lawsuit such as a car accident case. […]
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When should I call a Harrisburg injury lawyer after a car accident?
Car accidents can be a traumatic and overwhelming experience. In the immediate aftermath, victims often grapple with a whirlwind of emotions, from shock and disbelief to anxiety about the future. Amidst the chaos, one critical question emerges: “do I need a lawyer?” As the injured victim of a Harrisburg car accident, it can be difficult to know when it’s time to contact an injury lawyer for help. The truth is that it’s never too soon to call an injury lawyer – even if you don’t have all the information, even if you don’t yet know the full extent of the damage you’ve suffered, even if you don’t yet know whether you have a case. A Harrisburg car accident lawyer can offer guidance and help make sure your rights are protected as you determine what to do next.
In this article, we’ll outline the steps you should take immediately after a Harrisburg car accident, […]
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Lower Merion Premises Liability Lawyer
Tucked amidst the picturesque landscapes of Montgomery County, Lower Merion Township is a vibrant community that boasts both historic charm and modern conveniences. However, like any bustling locale, accidents and injuries can occur, often leaving individuals grappling with complex legal matters.
When it comes to navigating the intricacies of premises liability cases in Lower Merion, one name stands out as a beacon of legal expertise and local knowledge: Munley Law. With a deep-rooted connection to the Lower Merion community, Munley is your trusted partner in seeking justice and compensation for injuries sustained due to negligent property conditions. If you or a loved one has sustained an injury due to hazardous conditions on someone else’s property, contact our legal team today. We can help you explore your legal options, and ensure that all responsible parties are held liable for their negligence. […]
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Pennsylvania Bus Accident Lawyer
Pennsylvania Bus Accident Lawyer
Bus accidents can result in devastating consequences, including severe injuries, extensive medical bills, and emotional and mental trauma. Whether it’s a school bus, a commercial bus, or a tractor-trailer, a bus can cause major damage to another motor vehicle in a collision. The aftermath of such an accident is undoubtedly an overwhelming time for all involved, and it can feel like there’s no way through. But you are not alone — with the help of an experienced personal injury attorney, you can fight for the justice and compensation you deserve.
Munley Law, with its decades of experience and unwavering commitment to justice, has earned a stellar reputation as a trusted advocate for bus accident victims throughout Pennsylvania. Not only does our personal injury law firm have a proven track record of victories for our clients, but we are also a family operation, […]
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Can I Still Pursue a Hit and Run Car Accident Claim If the Driver is Never Found?
In Allentown, hit and run accidents are unsettling for drivers and pedestrians alike. The prevalence of hit and run accidents makes Allentown residents question the safety of our roads. Every year, numerous individuals become victims of these incidents, and beyond the immediate trauma, they are left grappling with overwhelming emotional distress and mounting financial burdens.
These accidents don’t just leave physical scars; they imprint deep emotional wounds. This is magnified when the victim does not know the culprit and cannot bring them to justice. For many, medical bills pile up, wages are lost, and car repairs become an unforeseen expense, potentially impacting personal finances. As you go through this storm, an urgent question lingers: Can you still pursue a claim if the at-fault driver remains unidentified?
What is a Hit and Run Car Accident?
A hit-and-run car accident, or a “leaving the scene” […]
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