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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Hazleton Construction Accident Lawyer
Construction is a hazardous industry with many risk factors for serious injury. These workplace accidents can happen quickly and unexpectedly, with severe, potentially life-long consequences. If you have suffered an injury after a construction accident, you need a construction accident attorney on your side who will help you get the compensation you need.
At Munley Law, our construction accident attorneys are highly experienced in handling these types of personal injuries for victims in Hazleton and throughout Pennsylvania. Our lawyers know how to navigate the complex worker’s compensation system and negotiate with any involved parties. We know how to identify the at-fault parties in your case and ensure they are held accountable.
The stakes are high after a construction accident. Let Munley Law give you the strongest odds for the maximum compensation you are owed. Reach out to our Hazleton construction injury law firm today for a free case consultation. […]
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Philadelphia Texting While Driving Accident Lawyer
Texting and driving is one of the most pervasive and most dangerous forms of distracted driving we see today. Philadelphia drivers who text at the wheel rear-end other motorists on the Schuylkill Expressway or hit pedestrians in the crosswalk in Center City.
There are multiple types of distraction: manual, visual, and cognitive. Texting while driving encompasses all three; it takes your hand off the wheel, your eyes off the road, and your mind off the task at hand. There’s little wonder that hundreds of thousands of injuries result from this behavior each year. Many of those injuries prove fatal.
If you or your family member were hit by a driver who was texting behind the wheel, you deserve justice. A Philadelphia texting while driving car accident lawyer can represent you and hold the at-fault person responsible. […]
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Philadelphia Tractor Trailer Accident Lawyer
A tractor trailer accident can bring your life to a crashing halt. In that instant, everything can change, and the future can suddenly appear uncertain. No one should have to experience this alone. A tractor trailer accident lawyer can stand by your side and ensure you receive the help you need and obtain the compensation you deserve.
According to the Pennsylvania Department of Transportation, there were 231 heavy truck-related crashes that resulted in injuries in 2022 in Philadelphia County, more than any other county in Pennsylvania. If you or someone you love was injured by a tractor trailer in Philadelphia or the surrounding counties, the rapid-response truck accident team at Munley Law can help make things right.
Contact the Philadelphia tractor trailer accident lawyers at Munley Law Personal Injury Attorneys for a free consultation today. We will listen to you, answer your questions, […]
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What Is the Statute of Limitations For a Car Accident in Allentown?
Suppose you’ve been involved in a car accident in Allentown, Pennsylvania. In that case, you likely have numerous questions and concerns about your rights regarding your car accident case, your personal injury claim, what you are entitled to for compensation, and more. After an auto accident, knowing how much time you have to file your car accident claim is essential. At Munley Law, our Allentown car accident lawyers understand the complexities that accident victims face, and we are here to provide the guidance and legal support you need.
What is the Statute of Limitations on a Car Accident in Allentown?
When filing car accident claims in Allentown, you must be aware of the statute of limitations – the window within which you must initiate legal proceedings. Understanding this timeframe is essential for protecting your rights and ensuring you can seek the compensation you deserve. […]
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How Much Does It Cost to Hire a Catastrophic Injury Lawyer in Scranton, PA?
Disastrous events and devastating accidents can result in catastrophic injuries. These might be rare events like an explosion or train crash or common occurrences like a truck or car crash. They can also result from medical malpractice or workplace accidents. Catastrophic injuries can have a life-altering impact on the victims and their families. If you or a loved one has suffered a catastrophic injury in Scranton, PA, you may be wondering how much it will cost to hire a Scranton catastrophic injury lawyer. Let’s discuss.
What Is a Catastrophic Injury?
Catastrophic injuries are severe injuries that typically result in long-term or permanent disabilities. These injuries can affect various body areas, including the brain, spinal cord, limbs, or internal organs. Examples of catastrophic injuries include traumatic brain injury, spinal cord injuries, amputations, severe burns, […]
