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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Bethlehem Dog Bite Lawyer
Did You Suffer an Injury After a Dog Bite in Bethlehem? Let Us Help
Dogs can be loyal companions, steadfast guards, and loving members of the family. If you get on the wrong side of a dangerous dog, however, they can also be terrifying attackers. Getting bitten by a dog can be a traumatic experience. In addition to the injuries suffered from a dog attack, you are likely to suffer severe emotional distress stemming from an attack by a vicious dog.
If you have suffered from a dog attack in Bethlehem, Pennsylvania, you need to be aware of your rights to recover compensation for both medical expenses and emotional distress. Dog owners in the Lehigh Valley are ultimately responsible for the actions of their animals and are required to make up for the injuries they cause. An experienced Bethlehem dog bite lawyer from Munley Law can be an invaluable resource in getting the compensation you deserve. […]
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Philadelphia Workers’ Compensation FAQs
Injured workers in Philadelphia have a right to benefits under the workers’ compensation system.
The Philadelphia workers’ compensation attorneys at Munley Law have been serving the residents and workers of Philadelphia for more than 60 years. Munley Law is nationally recognized for our work on behalf of our clients. We are consistently named to the Best Lawyers in America lists. Our attorneys are board certified by the National Board of Trial Advocacy and have obtained millions for our clients who have sustained an injury in the workplace.
We can help you receive the benefits you deserve. Our Philadelphia workers’ compensation law firm understands that the aftermath of a work-related accident can be devastating. Workers’ compensation attorney Caroline Munley is certified as a specialist in the practice of workers’ compensation law by the Pennsylvania Bar Association’s Section on Workers’ Compensation Law as authorized by the Pennsylvania Supreme Court. […]
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Pittsburgh Workers’ Compensation FAQs
Our Pittsburgh Workers’ Compensation Lawyer will Fight for Your Rights
It is your right as an employee to file a workers’ comp claim and to have your medical expenses and wages paid while you recover from the injury or illness. The experienced Pittsburgh workers’ compensation lawyers at Munley Law can help you navigate the process, inform you of your rights, and help you work through any obstacles that come up.
A Pittsburgh workers’ compensation attorney at Munley Law can help you file your claim, prepare for and attend workers’ comp hearings, and appeal denials if necessary. If you or a loved one has been hurt at work or has become sick from workplace conditions in Pittsburgh, you need to know that you have rights.
What Are the Largest Industries in Pittsburgh?
Strategically located at the intersection of the Monongahela, […]
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What Are the Most Common Ways Truck Drivers Cause Crashes?
Truck Accidents Can Be Devastating. But What Causes Them to Occur?
Enduring the impact of a 50-foot, 80,000-pound commercial vehicle is one of the most traumatic things that can happen to you as a driver. Your injuries can devastate your physical health, keep you out of work, and even render you permanently disabled. Identifying the most common ways truck drivers cause crashes can give you information that may support a claim that you are anticipating, should you be the unfortunate victim of an accident involving a commercial truck, or can keep you well-informed about how you can do your best to steer clear of circumstances that can make you and your loved ones vulnerable to crashes involving large trucks.
If you get into a trucking accident, your first call should be to an experienced truck accident lawyer at Munley Law. We’ve been practicing truck accident law for more than 60 years and we understand how complex these cases can be. […]
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What You Should Know About Going to Court After a Truck Accident
How to Prepare For Trial When a Truck Accident Settlement Cannot Be Reached
Not all truck settlement cases reach a settlement outside of court. When negotiations are unworkable, and a settlement agreement cannot be reached, you need an experienced personal injury lawyer with a successful track record, and who is prepared to go to trial. Alternatively, if you are satisfied with the settlement offer, and if you are not willing to withstand the delay of a trial, you may wish to refrain from going to court with your case. At the end of the day, complex truck accident cases are best dealt with when an experienced truck accident lawyer is by your side.
With over 60 years of experience, Munley Law has earned a national reputation for our significant verdicts and settlements and for our expertise in the most complex areas of personal injury law — we have all the resources and preparedness to fight for you. […]
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