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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What Is the Average Payout in a Wrongful Death Settlement?
A loved one’s untimely passing is always a painful experience. If your loved one passed because someone else was negligent, while nothing can bring them back, it’s important to understand that compensation may be available for various losses associated with their death.
Filing a wrongful death lawsuit allows surviving loved ones of a wrongful death victim to seek compensation for everything from
the direct financial losses of death to the emotional distress that might be more difficult to quantify after a tragic loss.
There is no standardized or officially tracked average payout for wrongful death settlements, as each case is uniquely influenced by factors such as the deceased’s age, income, future earning potential, and the circumstances of their death. Wrongful death settlements can vary dramatically based on multiple variables, including the jurisdiction’s laws, the severity of negligence involved, and whether the case involves auto accidents, […]
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Why Do Gas Explosions Keep Happening?
Many gas explosions are preventable, but despite the devastation they cause, they keep happening. Gas utility companies, property owners, manufacturers of gas appliances, contractors, and government agencies all have a role in preventing gas explosions. Often, homeowners and people living with gas appliances don’t know the gas appliances and lines in and around their homes are posing an invisible risk.
Understanding the Devastating Impact of Gas Explosions
A gas explosion can leave numerous household members, and even whole communities, emotionally and physically injured in its wake.
Physical and Mental Health Impacts
Even with immediate assistance from medical personnel, serious physical injuries and fatalities can be unavoidable. Injuries from gas explosions often include:
- Burns
- Blast injuries
- Broken bones
- Cuts and lacerations
- Hearing damage or loss
- Respiratory injuries
- Traumatic brain injuries (TBI)
The immediate injuries suffered at the time of the explosion aren’t the only ones victims face. […]
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Chester Personal Injury Lawyer
When accidents shatter lives, the Chester personal injury lawyers at Munley Law fight to make things right. The physical and emotional toll of an injury can be devastating – mounting medical bills, lost wages, and overwhelming stress take their toll on you and your loved ones. Our accident attorneys bring decades of proven experience and a fierce family legacy of advocating for the injured in Chester and throughout the Philadelphia suburbs. We don’t just handle cases – we get life-changing results and the maximum compensation you deserve when someone else’s negligence causes you harm.
What Sets Our Personal Injury Attorneys Apart in Chester, PA
When choosing an injury lawyer, you need someone who understands your challenges and is willing to fight for you. At Munley Law, we’ve spent generations helping accident victims get the justice they deserve. Our attorneys are board-certified trial lawyers who know how to take on tough cases and fight for our clients every step of the way. […]
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Wrongful Death Attorneys
When you lose a beloved family member or spouse, our wrongful death attorneys understand that no amount of money can truly compensate for your loss. However, financial compensation can ease your burdens and help provide future security for your family. Knowing that those responsible for your loss have been held accountable can also bring some peace of mind. If you suffered the loss of a family member due to an accident or an act of negligence, Munley Law can help you pursue legal action to hold the negligent party accountable.
We have helped hundreds of families like yours obtain justice, even against powerful entities. For 65 years, our wrongful death lawyers have fought for families and individuals who have lost a family member due to someone else’s wrongful action. We understand the pain you and your loved ones are going through at this time and will fight on your behalf so you can concentrate on putting the pieces back together again. […]
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Allentown Medical Malpractice Lawyer
At Munley Law, our experienced Allentown medical malpractice lawyers are dedicated to helping victims of medical mistakes and medical neglect to secure the justice and compensation they deserve. When you or a loved one suffers harm due to the negligence of a medical professional, the consequences can have devastating long-term, even lifelong effects.
Contact Munley Law today to schedule a free consultation. There is no fee unless we win your case.
The Role of an Allentown Medical Malpractice Attorney
When you or a loved one has been a victim of medical malpractice, navigating the legal process can be overwhelming. Here are some key reasons to hire an experienced Allentown medical malpractice attorney from Munley Law:
- Investigation and Evidence Gathering: We have the resources to conduct thorough investigations, gather evidence, […]
