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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Bensalem Wrongful Death Lawyer
Navigating the complex and emotionally charged landscape following the wrongful death of a loved one is an overwhelming experience. In such trying times, securing the services of a qualified Bensalem wrongful death lawyer becomes indispensable.
With our specialized knowledge of Pennsylvania wrongful death statutes, our Bensalem wrongful death lawyers at Munley Law can guide you through the labyrinthine legal process, ensuring that justice is served and that you receive the compensation you deserve. Acting promptly can make all the difference in your case – call today for a free case evaluation.
Defining Wrongful Death in Pennsylvania
Understanding the term “wrongful death” is crucial when you’re considering legal action in Bucks County, Pennsylvania. In the eyes of the law, wrongful death occurs when a person’s death is caused by the negligent, reckless, or intentional actions of another individual or entity. This definition is consistent with Pennsylvania state law, […]
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Harrisburg Truck Accident Lawyer
Our Team of Board Certified Truck Accident Attorneys Are Here For You
Harrisburg is a crossroads city, where Interstates 81, 83, and 76 intersect, and the incidence of semi-truck accidents is high. Harrisburg is a vital part of the United States supply chain, and semi-trucks crisscross the city and surrounding areas. Semi-truck accidents are very dangerous and can cause severe physical injuries and even death. These accidents have serious legal implications, so securing an experienced Harrisburg truck accident lawyer in the aftermath of a semi-truck accident is crucial. Understanding your rights and legal options can mean the difference between just compensation and unnecessary hardship.
If you or a loved one was injured in a truck accident in Harrisburg, our experienced team of professionals can help guide you through the litigation process. The lawyers at Munley Law have the experience and the resources to handle your case. […]
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Bensalem Construction Accident Lawyer
Located in the central region of Bucks County, Bensalem, PA is a vibrant community home to many attractions. From the iconic Parx Casino and Racing venue, Penn Community Bank Amphitheater, and the tranquil Bensalem Township Country Club, this diverse township embodies a unique blend of thriving urban life and serene country landscapes.
Yet, with its booming commercial spaces and ambitious construction projects, Bensalem is not immune to the unfortunate incidents that often accompany such growth. Construction accidents, albeit a less celebrated aspect of progress, can become a grim reality.
If you were involved in a construction site accident in Bensalem, your first call should be to Munley Law. Our Bensalem construction accident lawyers are prepared to fight for your rights and make sure you receive the compensation you need following an accident.
Construction site accident cases can be difficult. Contact an experienced construction accident lawyer at Munley Law today for a free consultation. […]
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What is the difference between contributory negligence and comparative negligence?
Understanding the nuances of negligence is crucial when you’re involved in a personal injury case. Two terms that often come up are “contributory negligence” and “comparative negligence.” These legal doctrines can significantly impact the outcome of your case, affecting everything from eligibility for compensation to the amount you might receive.
What is Negligence?
Negligence is a legal term that refers to the failure to exercise the level of care that a reasonable person would have exercised in a similar situation. It’s not just about doing something wrong; it’s about failing to do what’s right to prevent harm to others. Here are some key elements that typically must be proven to establish negligence in a personal injury case:
Duty of Care
The first element in proving negligence is establishing that the defendant owed a “duty of care” […]
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Commercial Truck Accidents
A Commercial Truck Accident Can Be Catastrophic. Munley Law is Here to Help.
In a time when we click a button and expect a product to arrive at our doorstep within 24 hours, commercial trucks have become an exceptionally important part of the world as we know it. Commercial drivers ensure that goods move from point A to point B and eventually end up with us. But with a shortage of drivers and more demanding schedules, in no surprise that commercial truck accidents have increased in the past few years. Getting into a crash with a commercial truck can result in severe injuries, leading to a hefty financial debt. You will need the assistance of a truck accident attorney to help you with the burden.
If you or a loved one has been in an accident that involves a commercial truck, we are first and foremost so deeply sorry you’ve had to endure that experience. […]
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