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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How Important is Black Box Data After a Truck Accident?
After you’ve been injured in a truck accident, one of the first things you’ll need to do is preserve the truck’s black box data as soon as possible. To do this, you’ll need the help of an experienced truck accident lawyer. The black box contains important digital information that can be lost or deleted if it is not preserved quickly. But, obtaining that information won’t be easy. It takes a lawyer with specific knowledge and experience to obtain the electronic data from the trucking company and to analyze and interpret it.
In this post, the truck accident lawyers at Munley Law explain what a black box is, how it can help your case, and why you need a lawyer who knows what to do with it.
What is a Commercial Truck’s Black Box?
Most commercial vehicles (including tractor trailers and large trucks as well as trains and airplanes) are equipped with a “black box.” This technology also exists on many newer passenger vehicles. […]
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What Happens When a Trucking Company Violates FMCSA Rules?
What is the FMCSA?
You probably have never heard about the Federal Motor Carrier Safety Administration, known as the FMCSA. The FMCSA is a federal agency responsible for overseeing commercial motor vehicles, generally large trucks and buses, in the United States. It is charged with reducing crashes, as well as injuries and fatalities, caused by accidents involving commercial vehicles.
Even with an agency responsible for overseeing the industry, there are, of course, accidents involving commercial trucks and buses. And some of those accidents are caused by those who fail to–or choose not to–follow FMCSA regulations. Below, our truck accident lawyers explain briefly what happens when a trucking company violates federal motor carrier safety rules.
What are FMCSA Rules? Where Do they Come From?
The FMCSA is a federal agency housed within the Department of Transportation. […]
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Social Host Liability
If you get into an accident with a drunk driver, your major concerns are how badly damaged is your vehicle and whether you need medical attention. You figure the other driver’s insurance will be taking care of your medical bill. But what about any pain and suffering you may be feeling? And what about any lost wages? Can you recoup them from the driver?
Not only is it possible to get these type of compensation from the person who hit you, but if that driver is underage, you may be able to file a claim against the person who is responsible for supplying alcohol to the minor. If this scenario sounds familiar to you, then you may have a case. Contact the Pennsylvania social host liability lawyers at Munley Law Personal Injury Attorneys for further information.
What is Social Host Liability?
According to Pennsylvania’s dram shop laws, […]
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Burn Injury Attorneys
Have you or a loved one suffered serious burn injuries?
Burn injuries are painful and can leave long-lasting physical and psychological scars. Whether it is a chemical burn from an unsafe product, a burn caused by a hazard on poorly kept property, a gas explosion, or an accidental burn at a bonfire or gathering, you may need an experienced burn injury lawyer to make sure you are compensated for your medical costs and suffering.
If you or a loved one have suffered serious burns as a result of negligence, contact Munley Law Personal Injury Attorneys today to speak with one of our experienced burn injury lawyers or call us at (855) 866-5529.
Burn Injury Facts and Figures
Burn injuries are, unfortunately, an all too common occurrence across the nation.
According to the American Burn Association, […]
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Toxic Exposure Lawyer
One of the hazards many Americans have to deal with is exposure to toxic chemicals. Toxic substance exposure can cause major health problems, such as chronic illnesses, impairments, and even death. When an accident occurs, who is responsible for your medical bills?
For 65 years, the toxic exposure lawyers at Munley Law have been helping toxic exposure clients throughout the United States. We understand the devastating consequences exposure to toxic chemicals can have on a family, and we are prepared to fight on your behalf to make sure you receive the compensation that you deserve. We are dedicated to defending the rights of our clients because we are aware of the psychological and financial toll that exposure to harmful substances can have on people and families. Our mission is to assist our clients in obtaining the damages for their injuries that they are due while also holding the guilty parties accountable. […]
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