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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Head-On Truck Accidents
Don’t Take on the Truck Company Alone. Our Head-On Truck Accident Lawyer Will Fight For You.
If you or a loved one has been involved in a head-on truck accident, you may be feeling overwhelmed and uncertain of what to do next. At Munley Law, we understand the confusion and stress that comes with these types of motor vehicle accidents. That’s why we’re here to help. Our experienced truck accident lawyer will guide you through every step of the process, from investigating the accident to filing a claim and getting the compensation you deserve.
Don’t wait another second. Contact our truck accident attorney today for a free consultation.
How Do Head-On Truck Accidents Occur?
Head-on collisions are some of the most traumatic events in terms of the damage caused and often result in life-threatening injuries or even death. These collisions occur when two vehicles traveling in opposite directions collide in a frontal collision. […]
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What Should I Do at the Scene of a Scranton Car Accident?
Scranton Car Accident Lawyer
Scranton, Pennsylvania, is a bustling city filled with rich history, scenic parks, and a growing population. Known for its industrial roots and landmarks like the Electric City Trolley Museum and the Steamtown National Historic Site, it is a hub of activity year-round. With the inevitable flow of traffic comes the unfortunate reality of car accidents. Knowing what to do at the scene of an accident is crucial for both legal and medical reasons. Car accident lawyers in Scranton like Munley Law are well-versed in guiding Scranton residents through these stressful moments, offering expert advice and representation.
Prioritize safety at the scene of a car accident
The first and foremost thing to do is ensure everyone’s safety, including your own.
Important safety measures to implement at the scene of a car accident
- Move Vehicles: If possible, […]
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Frequently Asked Questions About Workers’ Compensation in Bensalem
At Munley Law, we understand that navigating the world of workers’ compensation can be complex and overwhelming, especially during times of stress. That’s why we’ve created this resource – to provide you with clear, local, and relevant information about workers’ compensation in Bensalem. We have more than 60 years advocating for injured workers in Bensalem, PA.
Why Workers’ Compensation Matters in Bensalem
Bensalem, a vibrant and bustling community in Bucks County, Pennsylvania, is home to hardworking individuals who contribute to various industries.
Whether you’re employed in healthcare, manufacturing, retail, or any other sector, understanding your rights and options when it comes to workers’ compensation is essential. Accidents and injuries can happen anywhere, and workers’ compensation serves as a safety net to protect you and your family during these unexpected moments.
Navigating Workers’ Compensation: Local Expertise at Your Fingertips
At Munley Law, […]
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Why Hire a Stroudsburg Construction Accident Attorney?
Secure your Stroudsburg construction accident lawyer
Stroudsburg, the picturesque gem of the Poconos, boasts a rich history that is evident in its well-preserved historic buildings, bustling Main Street, and scenic parks. But as with any growing city, construction is a common sight, bringing with it the risks associated with construction sites. When accidents happen, it’s crucial to have the right legal team on your side. This is where the expertise of Munley Law personal injury lawyers comes into play.
Understanding Construction Accidents
Construction sites can be liabilities for various reasons:
- Inherent Dangers: Construction sites often have heavy machinery, open pits, electrical wires, and hazardous materials, all of which pose risks to workers and passersby.
- Frequent Changes:The dynamic nature of construction sites means that hazards can change daily, making it challenging to maintain a consistently safe environment.
- Multiple Entities Involved: Different contractors, […]
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York Nursing Home Abuse Lawyer
Nursing home residents deserve quality, attentive care during their golden years. Unfortunately, not all assisted living facilities and nursing staff can be trusted to care for your loved one. If you have noticed sudden change in your loved one or suspect they have suffered abuse, you need to contact a Pennsylvania nursing home abuse lawyer from Munley Law right away.
York, PA, is a thriving city with something for everyone. Founded in 1741, it played a vital role during the American Revolutionary War and even served as the temporary U.S. capital. The city boasts landmarks like the Colonial Complex and the York Central Market, and also offers a blend of art galleries, museums, and vibrant community events. York offers a unique blend of tradition and contemporary culture. Munley Law works to protect residents from abuse or neglect so that your loved one can enjoy all that York has to offer. […]
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