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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Bethlehem Lyft Accident Lawyer
We primarily think of Lyft as a convenience, a means of getting from point A to point B at a reasonable cost. It can be easy to forget that when we get into a Lyft we are trusting a stranger with our lives and safety. Would you know what to do if your Lyft driver got into an accident? What if the accident was your Lyft driver’s fault? Who should pay for your injuries? Will Lyft take any responsibility?
A Bethlehem Lyft accident lawyer at Munley Law Personal Injury Attorneys can answer these questions, and more. Since 1959, Munley has been the most trusted name in law in Pennsylvania and the Lehigh Valley. Our attorneys understand the complexities of rideshare car accidents and can help you navigate this often-confusing situation. We have decades of experience handling serious injury cases involving big transportation companies and commercial insurance policies. Let us put that experience to work for you. […]
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Hazleton Slip and Fall Lawyer
How your Hazleton accident can get you compensated for your injury and recovery
If you or a loved one have been in a Hazleton slip and fall accident, the injury, the loss of income, and the pain and suffering may seem overwhelming. Figuring out when and what you need to prove your case, all while managing your life and recovering from your injuries, is a huge challenge. Some scenarios can also involve fighting for compensation for a tragic, fatal slip and fall.
Our Hazelton slip and fall lawyers are here to help to assess your case and its damage, so that no stone is left unturned, and to make certain the evidence needed to prove negligence is collected. Contact Munley Law Personal Injury Attorneys to begin the process of fighting for the compensation that is rightfully yours; our slip and fall team has the experience, success rate, […]
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Bethlehem Brain Injury Lawyer
Everything you need to know about making your traumatic brain injury case get you what you are entitled to
If you or a loved one have suffered a traumatic brain injury (TBI), you will find that managing your injury, your lifestyle adjustments, your finances, and your emotional and psychological trauma can be more than overwhelming. If you or a loved one have been injured in a car accident, a birth injury, a sporting accident, a workplace accident, or another event that led to severe head trauma, you should not have to file a brain injury lawsuit alone. Contact the Bethlehem brain injury lawyers at Munley Law Personal Injury Attorneys to schedule a free consultation.
What is a Traumatic Brain Injury (TBI)?
TBIs can be the result of various injuries that typically involve a blow to the head in penetrating (entering the skull/open) or non-penetrating (skull surface/closed) damage. […]
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Easton Motorcycle Accident Lawyer
Helping Victims in Motorcycle Accidents Recover
When motorcyclists are involved in accidents, even low-speed crashes can result in devastating injuries. Easton motorcyclists on the I-78 and other highways and roadways are exposed to the elements with no restraints or protection outside of what the driver is wearing. In addition, motorcyclists can find themselves at greater risk of accidents in the first place, as drivers in larger vehicles may miss a motorcycle when changing lanes or making turns.
If you have been the victim of a motorcycle accident, you can turn to the Easton motorcycle accident attorneys at Munley Law for help with your claim. We have over six decades of experience in representing victims in motorcycle personal injury cases, and we have recovered impressive settlements for motorcycle accident victims throughout Pennsylvania.
Common Injuries in Motorcycle Accidents
Most cars and trucks have protections to mitigate harm done to a passenger or driver in an accident, […]
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Bethlehem Uber Accident Lawyer
Defending Your Rights After an Uber Crash
The roads can be dangerous even in the best conditions. However, when you put your trust in an Uber driver, you may not expect to end up in a serious car accident. The truth is, Uber drivers can make the same driving mistakes as any other driver, and may sometimes be at greater risk of negligent driving.
If you’ve been involved in an accident with an Uber driver, you need an experienced Uber accident attorney on your side. At Munley Law, our attorneys have been helping injured victims for over 60 years. We know how to navigate complex insurance and liability matters with car accident cases involving Uber and other rideshare company drivers.
What Causes Uber Accidents?
Uber accidents can be caused by the same risk factors as any other type of vehicle accident. […]
