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.
More information about Claim
Chances of Winning a Wrongful Death Settlement
The sudden loss of a loved one can be emotionally and financially devastating, making a wrongful death lawsuit a viable option for many families. Understanding the legal process and the factors that can affect the chances of winning is crucial before proceeding with a claim.
Understanding the Chances of Winning a Wrongful Death Settlement
Many plaintiffs find that, depending on the circumstances of their case, there is a high likelihood that they will reach a settlement. Several factors can influence the chances of success in a wrongful death claim, including the strength of the evidence, the clarity of liability, and the presence of any contributing negligence. Additionally, the experience of your legal representation can significantly impact the outcome. Recent data indicates a more favorable outcomes for plaintiffs in wrongful death lawsuits in Pennsylvania. […]
More information about Claim
What Happens If You’re in an Accident with a Rental Car?
When you’re in an accident with a rental car, the last thing you need is more stress trying to figure out insurance coverage. You likely have multiple layers of protection available. Your auto insurance may cover the incident, the rental company’s optional coverage could kick in, and even the credit card you used to rent the vehicle might provide insurance benefits.
If you’ve been hurt in a rental car accident, don’t hesitate to reach out to a car accident attorney at Munley Law who can guide you through this challenging time. They’ll work hard to protect your interests and help you get the compensation you deserve while taking the burden of dealing with multiple insurance claims off your shoulders.
Who Covers a Rental Car Accident?
When you’re involved in a rental car accident, there can be several sources of coverage. First, […]
Read MoreMore information about Claim
Honesdale Truck Accident Lawyer
With its strategic central location and access to major highways, airports, and busy warehouses and factories, Northeast PA is a center of commercial activity. Our roads and interstates are lifelines for commerce but can also be sites of serious truck accidents. If you or a loved one has been injured in a truck crash in Honesdale, you will need an experienced truck and car accident lawyer.
The team at Munley Law understands the challenges faced by individuals and families dealing with the aftermath of trucking accidents in Honesdale and NEPA. We are a second-generation family of personal injury attorneys. NEPA is our home, and our clients are our neighbors. For 65 years, we have fought for PA accident victims and won record-breaking settlements. Let us fight for you.
How a Honesdale Truck Accident Attorney Can Help You
The consequences can be devastating when you’re involved in a truck accident in Honesdale, […]
Read MoreMore information about Claim
Nursing Home Abuse Lawyer
If you or your loved one has experienced nursing home abuse, Munley Law’s nursing home abuse lawyers are here to help. For many elderly individuals, moving to a nursing home facility brings anxiety and sadness. While we hope they’ll discover opportunities for socialization and round-the-clock care, neglect unfortunately occurs far too frequently. With 65 years of experience representing personal injury victims, our team provides powerful advocacy for residents who feel voiceless.
Call today for a no-obligation, free consultation.
The Types of Nursing Home Abuse
Nursing home abuse occurs when nursing home staff or other employees of a long-term care facility mistreat residents, causing them harm.
According to the World Health Organization (WHO) one in six people 60 years and older have been abused in a community care setting over the last year, with two out of three living facility staff admitting to elder abuse. […]
Read MoreMore information about Claim
What Is an Aggravation of a Preexisting Condition or Injury?
You may be eligible for compensation if you were injured on the job or in an accident resulting from the negligence of another party. You can seek compensation by filing an insurance claim or lawsuit.
However, your case may be uniquely complex if you have a preexisting condition. Along with compensation for any new injuries you may have sustained, you may also deserve compensation for the aggravation of a preexisting condition. Proving you deserve this compensation could be challenging, though.
Understanding Aggravation of a Preexisting Condition
What is an aggravation of a preexisting condition or injury? In a legal context, aggravation of a preexisting condition means that the condition was made permanently worse. This differs from exacerbation. When someone sustains an exacerbated injury, their previous injury temporarily worsens. However, said preexisting injury is likely to return to its previous state over time. […]
Read More
