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 Kind of Compensation Can I Get For My Construction Accident Injuries?
Construction accidents can be a life-altering experience, with consequences that reach far beyond physical harm. If you’ve been injured on a construction site, it’s important to understand the potential value of your case. This article seeks to help you unravel the complexities of estimating this worth, considering factors from medical expenses to emotional trauma. Remember, every case is unique and hinges on numerous elements. Consult with a Hazleton construction accident attorney for a precise evaluation of your specific circumstances.
Grasping the Concept of Legal Damages
When you’re navigating a construction accident case, you’ll often come across the term “legal damages.” These damages refer to the monetary compensation you can potentially receive if your case is successful. Understanding them is crucial as they form the basis for assessing the worth of your case.
It’s important to note that if you are working at the time of the construction accident, […]
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How Long After a Car Accident Can You Sue in Pittsburgh?
Navigating the aftermath of a car accident can be overwhelming, especially when it comes to understanding your legal rights. You may be considering legal action but are unsure of the timeline to pursue a lawsuit. In Pennsylvania, specific laws define this period, known as the statute of limitations. Understanding this time constraint is crucial as it determines your ability to seek justice and potentially receive compensation. This article will guide you through the ins and outs of the statute of limitations for car accidents in Pittsburgh.
If you are involved in a car accident in Pittsburgh, your first action should be to contact a Pittsburgh car accident lawyer as soon as possible. Munley Law can help you with your claim and get you the compensation you deserve.
Negligence, Duty of Care, and Liability in Car Accidents
To understand car accident lawsuits, […]
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Can You Sue For A Rear-End Motorcycle Collision?
Have you ever heard the saying, “It’s better to be safe than sorry”? Well, when it comes to rear-end motorcycle collisions, that adage couldn’t be more true. Being involved in a rear-end collision on your motorcycle can be a terrifying experience, leaving you with not only physical injuries but also emotional trauma.
But what if the accident wasn’t your fault? Can you sue for a rear-end motorcycle collision?
The answer is yes, you can. In fact, if you were following the rules of the road and the other driver was negligent or reckless, you have every right to seek compensation for your damages and hold them accountable for their actions.
When it comes to rear-end motorcycle collisions, determining liability can be a complex process. However, with the right evidence and legal knowledge, you can build a strong case and increase your chances of success. […]
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Carbondale Workers’ Compensation FAQs
Are you a worker in Carbondale who has questions about workers’ compensation? Look no further! This article is here to provide answers to your most frequently asked questions. Whether you’ve been injured on the job or simply want to understand your rights and protections in the workplace, our Carbondale workers’ compensation lawyers got you covered.
Question: What is Workers’ Compensation?
If you’re unsure about the ins and outs of workers’ compensation in Carbondale, you’re not alone. Many people have questions about how it works and what it covers.
Workers’ compensation benefits are designed to provide financial assistance to employees who are injured on the job or develop work-related illnesses. These benefits can include medical treatment, wage replacement, and disability payments. It’s important to understand that workers’ compensation is a no-fault system, meaning that it doesn’t matter who was at fault for the injury or illness. […]
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Can I Sue Someone Personally After A Motorcycle Accident?
Have you recently been involved in a motorcycle accident and are wondering if you can sue the responsible party personally? The answer to that question depends on several factors, but it is definitely possible to take legal action in such cases. This article will provide you with a guide on how to navigate the process of suing someone personally after a motorcycle accident.
First and foremost, it is crucial to determine who was at fault for the accident. This can be done by gathering evidence such as photographs, witness statements, and police reports. Once fault has been established, it is advisable to consult with an experienced personal injury attorney who specializes in motorcycle accidents. They will be able to evaluate the strength of your case and guide you through the legal process.
With their motorcycle accident expertise, you can ensure that you are taking the right steps towards seeking justice and fair compensation for your motorcycle accident injuries and damages. […]
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