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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What to Do If You Suffer Heat Stroke in the Workplace
As the temperatures continue to arise throughout the United States, so does the increase in heat related illnesses among workers that work outside for a living. Heat stroke is a severe heat-related illness that can occur when the body’s temperature regulation fails and body temperature rises to critical levels. It’s a condition that can strike swiftly, leading to devastating health consequences. Workers, particularly those in high-heat environments, need to be aware of the risks and symptoms of heat stroke to protect their health and well-being.
Understanding workers’ compensation after suffering a heat stroke while on the job is important, especially for those in Pennsylvania. If you suffer from a heat illness while on the job, you may be entitled to benefits under the Pennsylvania Workers’ Compensation Act. This law provides medical expenses and wage loss compensation to employees who become injured or ill as a result of their work. […]
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Hazleton Drowsy Driving Accident Lawyer
If you’ve been involved in a car accident in Hazleton, Pennsylvania, you’re not alone. The bustling intersections of Broad Street and Church Street, the busy stretch of Route 309, and the unpredictable weather conditions around the Pocono Mountains can make our roads a challenging place to navigate. When an accident happens, it can be a life-altering event, especially if it involves drowsy driving. That’s where Munley Law comes in. As your dedicated Hazleton car accident lawyers, we’re here to help you navigate the legal process and seek the compensation you deserve.
Understanding Drowsy Driving Accidents 
Drowsy driving, a pervasive and often overlooked issue, casts a long and dangerous shadow over the roads of Hazleton and the surrounding areas. This problem is not confined to any one group of drivers. It affects everyone, from the truck drivers who traverse the long, […]
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How Long Do I Have To File A Lawsuit After A Motorcycle Accident?
Have you recently been involved in a motorcycle accident? If so, it’s important to know that there is a time limit within which you must file a lawsuit to seek compensation for your injuries. This time limit is known as the statute of limitations, and it varies from state to state.
Understanding the statute of limitations is crucial to ensure that you don’t miss out on your opportunity to pursue legal action.
The statute of limitations for filing a lawsuit after a motorcycle accident can range anywhere from one to six years, depending on the state in which the accident occurred. It’s essential to consult with a personal injury attorney as soon as possible to determine the specific time limit in your jurisdiction.
Failing to file a lawsuit within the specified timeframe can result in your claim being barred forever, […]
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Can You Sue For Wrongful Death In A Motorcycle Accident Claim?
Are you wondering if you can sue for wrongful death in a motorcycle accident claim? Losing a loved one in a tragic accident is devastating, and seeking justice for their untimely death is an important step towards closure.
In this article, our motorcycle accident lawyers will explore the possibilities of filing a wrongful death claim in the context of a motorcycle accident.
When it comes to wrongful death claims in motorcycle accidents, understanding the legal process is crucial. To successfully sue for wrongful death, you will need to establish negligence on the part of the responsible party. This means proving that their actions or lack of action directly caused the accident and subsequent death.
It may involve gathering evidence such as witness testimonies, accident reports, and expert opinions to build a strong case. Additionally, each state has its own set of laws and statutes of limitations that govern wrongful death claims. […]
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Drowning Accident Lawyer
If Someone You Love Drowned in a Tragic Accident, Munley Law Personal Injury Attorneys Can Help.
Swimming pools are great fun and can be a relief on hot summer days. But what many families fail to realize is just how dangerous a swimming pool can be. For more than 60 years, Munley Law Personal Injury Attorneys has helped victims of unintentional drowning and their family members. Let us help you get the justice you deserve for your loss.
Understanding drowning laws and pool owners’ responsibilities is key for drowning accident lawyers. Our premises liability attorneys are experts in the laws that apply to drowning accidents. We provide FREE consultations and are ready to discuss your or your loved one’s drowning accident. Call our drowning accident attorneys today, chat with us, or use our online contact form.
