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.
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 to Do After a Truck Accident
We know that if you or a loved have been injuried in a truck accident, you may have many questions. You may be wondering what to do after a truck accident. An experienced truck accident lawyer at Munley Law Personal Injury Attorneys can answer your questions. We’ve answered some of the most frequently asked questions here. You can also call us at 844.385.7535 for a free case evaluation where we can discuss the specific details of your truck crash. We will help you understand your rights and what you need to do.
Steps to Take After a Truck Accident Happened
In the immediate aftermath of a truck accident, there are things to do at the accident scene if you are able. The steps to take include:
- Remain calm
- Stay in your vehicle if it is safe to do so
- Turn on your hazard lights
- Use your cell phone to call 911, […]
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Can I Sue Someone Personally After a Truck Accident?
After you’ve been in a trucking accident, you may be faced with medical debt, property damage, ongoing pain and suffering, and even possible funeral expenses. One way to recoup your expenses is through a truck accident lawsuit. Many people wonder: is it possible to sue someone personally after a truck accident?
The truck accident lawyers at Munley Law Personal Injury Attorneys can answer this question, and help you determine the best way to get the compensation you need to rebuild your life. Contact us today for a free consultation with one of the nation’s top truck accident attorneys.
Because of the immense weight and size of tractor trailers and other large trucks, truck accidents often result in serious injuries and damages. This is especially true if the accident involves a crash between a large truck and a much smaller passenger vehicle. According to the U.S. […]
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Jessica Roe v. ABC Trucking Company and John Smith
Plaintiff, Jessica Roe, brought a claim against ABC Trucking Company and its driver, John Smith, which was recently settled for the sum of $9 Million.
Mrs. Roe claimed that ABC Trucking Company and its driver were negligent when they rearended her car which was stopped in traffic in a construction zone.
Mrs. Roe suffered the following injuries: thoracic aortic transection requiring emergent surgical repair; comminuted/displaced left tibia/fibula fracture requiring surgery with hardware; fracture of the right elbow; multiple rib fractures; right scapula fracture; right pleural effusion and lung contusions; abdominal wall abscess/fistulas with traumatic ulceration and abscess requiring 17 surgeries and wound vacuum; complicated surgery to remove right kidney due to abdominal trauma, multiple abdominal surgeries, multiple infections, and scar tissue; perforated bowel; perforated bladder; colon perforation; malnutrition; staph infections; sepsis; MRSA; hair loss due to long term intravenous antibiotics and medications, […]
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What Does it Mean When You Stack Your Auto Insurance Policies?
Understanding Stacked Car Insurance
Understanding Stacked Car InsuranceIt is estimated that 12.6 percent of motorists on the road in 2019 were driving without car insurance. That equals to approximately one in eight drivers are behind the wheel without insurance. Not only is this illegal and dangerous, but getting into an accident can be costly to all involved.
If you get into a severe car accident in Pennsylvania with an uninsured motorist, your first concern may be how will you pay for your medical expenses. Will you be stuck with the bill?
Fortunately, there are provisions in your insurance policy that will pay for any of the injuries you may receive. And if your underinsured and uninsured motorist coverage is stacked, then you won’t have to worry about paying for the large medical bills.
But what is stacked insurance? And why is it beneficial to stack your uninsured and underinsured motorist coverage? […]
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Why Do Most Personal Injury Cases Settle?
Will my personal injury case settle?
Although popular television shows and movies give the illusion that every legal case culminates with a dramatic trial, the reality is that over 95% of all cases and almost 96% of personal injury cases settle out of court. While many personal injury plaintiffs are eager for an opportunity to have their day in court so that they can tell their story to a judge and jury, it is important to understand the benefits and drawbacks of both trials and settlements. Our Wilkes-Barre personal injury lawyer explains.
Why Do You Need a Personal Injury Lawyer From Munley Law?
It is also important that victims of catastrophic accidents choose a legal team that understands these nuances and knows how to negotiate with hospitals, businesses, and insurance companies in order to maximize their clients’ winnings. Time and time again, […]
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