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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When Should You Contact a Reading Birth Injury Lawyer?
The birth of a child is a joyous and highly anticipated event for families. However, there are instances when complications during childbirth can result in birth injuries, causing physical and emotional trauma to both the baby and the parents. Birth injuries can have long-lasting effects on a child’s health and development, requiring ongoing medical care and support. Understanding birth injuries and the legal considerations surrounding them is crucial in protecting the rights of families affected by such incidents
The birth of a child is a cherished moment in any family’s life. However, if your child has suffered a birth injury, it can be an incredibly distressing and challenging time. Birth injuries can result in long-term consequences for the child and have a profound impact on the family’s emotional and financial well-being. In such cases, it is crucial to consider seeking legal assistance from a birth injury lawyer. […]
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Erie Bicycle Accident Lawyer
Bicycle accidents in Erie can occur due to various factors, including distracted driving, inadequate infrastructure, lack of awareness among motorists, and even cyclist error. The consequences of these accidents can range from minor injuries to severe, life-altering incidents. The local authorities and organizations in Erie are actively working to address this issue by implementing safety initiatives, promoting education campaigns, and improving cycling infrastructure to ensure the well-being of both cyclists and motorists.
Erie’s bicycle accident lawyers not only possess a deep understanding of personal injury law but also have a comprehensive knowledge of local traffic regulations and the dynamics of cycling in the area. They work closely with their clients, providing personalized attention and guidance throughout the legal process. Their primary goal is to help victims obtain fair compensation for medical expenses, lost wages, property damage, pain and suffering, and other related losses resulting from the accident.
By enlisting the services of a dedicated PA bicycle accident lawyer, […]
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Erie Bus Accident Lawyer
Bus accidents can have severe consequences for victims in Erie, PA, causing injuries and even fatalities for those involved.
In Erie, Pennsylvania, as in any other urban area, buses are a common mode of transportation, serving thousands of passengers daily. Unfortunately, accidents involving buses can occur due to various factors, such as driver negligence, vehicle malfunctions, or hazardous road conditions. Understanding the dynamics of Erie, PA bus accidents and their potential impact is crucial for ensuring safety and promoting accountability.
When individuals are involved in bus accidents in Erie, Pennsylvania, the aftermath can be devastating. In such cases, seeking the guidance and support of a skilled Erie, PA bus accident lawyer is essential. Bus accident lawyers in Erie specialize in handling the legal complexities associated with bus accidents, offering valuable assistance to victims and their families. These legal professionals have a deep understanding of the intricacies of bus accident cases, […]
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Erie PA Brain Injury Lawyer
Brain injuries in Erie, PA can result from various causes, including automobile accidents, slip and falls, sports-related incidents, workplace accidents, and medical malpractice. The consequences of these injuries can range from mild concussions to severe traumatic brain injuries (TBIs), requiring extensive medical treatment, rehabilitation, and ongoing support.
Navigating the legal complexities surrounding brain injury cases in Erie is essential to ensuring that PA victims receive the necessary medical care, rehabilitation, and compensation they deserve. In Erie, individuals and their families turn to experienced brain injury lawyers who specialize in these cases to provide legal representation and advocate for their rights.
Brain injury lawyers in Erie possess specialized knowledge and expertise in understanding the intricacies of brain injuries, the long-term implications they have on victims’ lives, and the legal aspects of pursuing compensation. These legal professionals work closely with medical experts, rehabilitation specialists, […]
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Bethlehem Product Liability Lawyer
You may be entitled to significant compensation if you or a loved one have experienced a significant injury because of poor design, faulty construction, or insufficient warning labels. Commercial companies have the financial means to defend themselves with experienced teams that look to minimize payouts; you need an experienced product liability who knows what it takes to win and stand up to these large commercial entities. The product liability lawyers in Bethlehem at Munley Law Personal Injury Attorneys have handled cases against automakers, drug companies, tech companies, and equipment manufacturers of all sizes. Call our Bethlehem product liability team at Munley Law Personal Injury Attorneys for a free, no-obligation consultation.
What is Product Liability?
Product liability is the legal responsibility that manufacturers and distributors have when a faulty product injures a consumer. When a dangerous or unsafe product injures you, you must prove that the product was defective and caused your injury. […]
