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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Should I Accept the First Insurance Settlement After a Scranton Car Accident?
The Insurance Company Offered a Settlement. Should I Take It?
After an automobile accident, you are likely to be experiencing a great deal of physical pain and emotional distress. You may be tempted to immediately accept the first offer from the other driver’s insurance company to put the car accident behind you as quickly as possible. However, this is almost never a good idea.
An insurance company is necessarily looking first and foremost to its own bottom line, and not to what would be fair compensation for you. The insurance company makes money by keeping its payouts as low as possible, and can take advantage of your desire for a speedy resolution to make you a low settlement offer that does not provide a fair settlement for your personal injury.
If you have questions about a car accident settlement, your first step is to contact an experienced car accident lawyer at Munley Law Personal Injury Attorneys. […]
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What Qualifies as Personal Injury?
How Do I Know If I Have a Personal Injury Claim?
You may have seen TV ads, billboards, and more advertising the services of personal injury lawyers, but what exactly what does this term mean? In this article, we’ll explore the meaning of personal injury, and how it may impact you and your life.
Remember: if you or your loved one has been injured in an an accident, you may have a right to compensation. Don’t hesitate to contact Munley Law Personal Injury Attorneys to discuss your personal injury claim and learn we can help protect your interests.
Understanding Personal Injury
While we all try to go about our daily lives safely and responsibly, the reality is that accidents do happen. Often, these accidents — whether that be a car accident, a slip and fall, […]
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What Are the Long-Term Effects of a Brain Injury?
How Serious is a Brain Injury?
One of the most serious potential repercussions from a car accident or other traumatic incident is a brain injury. Anytime a person’s head suffers a sharp blow or a violent jolt to the head, they run the risk of developing a traumatic brain injury (TBI).
Since these injuries are internal, they are not as obvious or as easy to diagnose as an injury to the body, such as a laceration or broken bone. However, brain injuries can cause lasting damage that can take months or even years to heal–or cause permanent impairment that affects a person’s cognition, emotions, and behavior for their entire lives.
It is important to understand the long-term symptoms and effects of traumatic brain injuries, so that those who suffer from them can get proper treatment, as well as fair compensation from the party responsible for the accident. […]
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Is Pennsylvania an At-Fault State?
Who Will Pay My Insurance Claim After a Car Accident in Pennsylvania?
All car accidents are, without a doubt, stressful experiences. Even once the initial shock has warn off, you still have so much to consider, including your physical, mental, and emotional recovery. There may be medical expenses and medical bills, property damage, and more. A car accident is not something anyone wants to endure.
Navigating the insurance process can be one of the most overwhelming parts of any car accident case. If you’ve never gone through the claims process before, it can be confusing; and even if you have, no two cases are alike. It’s not uncommon to start getting calls from the insurance company just a day after an accident.
One of the things that can make understanding the claims process so difficult is that it’s incredibly different from state to state. […]
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Can a Car Accident Claim be Reopened?
Can You Reopen a Past Car Accident Claim?
The aftermath of a car accident can be an immensely stressful and overwhelming time. The financial burden of medical bills and additional damages, the mental and emotional weight of trying to get back to your regular life, the physical strain of your injuries–it’s a lot. What’s more, the process of making an insurance claim or a legal claim can feel wildly daunting. It’s very normal to feel confused by the process, and to want it to be settled and done as quickly as possible. No one wants to spend more time than they have to talking to the insurance company and navigating the claims process when they’re trying to heal.
But what happens if you do reach a settlement agreement and close your car accident claim, only to realize that, for whatever reason, […]
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