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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Can I Still Pursue a Hit and Run Car Accident Claim If the Driver is Never Found?
In Allentown, hit and run accidents are unsettling for drivers and pedestrians alike. The prevalence of hit and run accidents makes Allentown residents question the safety of our roads. Every year, numerous individuals become victims of these incidents, and beyond the immediate trauma, they are left grappling with overwhelming emotional distress and mounting financial burdens.
These accidents don’t just leave physical scars; they imprint deep emotional wounds. This is magnified when the victim does not know the culprit and cannot bring them to justice. For many, medical bills pile up, wages are lost, and car repairs become an unforeseen expense, potentially impacting personal finances. As you go through this storm, an urgent question lingers: Can you still pursue a claim if the at-fault driver remains unidentified?
What is a Hit and Run Car Accident?
A hit-and-run car accident, or a “leaving the scene” […]
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How Often Do Personal Injury Claims Go to Court?
In the legal world of the United States, personal injury claims hold a significant position. These claims come about when an individual suffers harm due to the negligence or intentional actions of another party. The goal is straightforward: to secure compensation for the injured party. That compensation covers medical bills, lost wages, property damage, and other related damages.
While these claims are prevalent across the country, each state (and even cities within the states) approaches personal injury law differently. Philadelphia is known for its rich history and diverse population. The city is no exception to the rule. As one of the country’s major cities, it presents a distinct landscape in the realm of personal injury claims, influenced by its local laws, court procedures, and the cultural attitude towards litigation. This article delves into the often-asked question: How often do these claims in Philadelphia make their way to the courtroom? […]
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How to ensure that you get a fair uninsured motorist settlement in Philadelphia
Leveraging the expertise of your Philadelphia car accident lawyer
Navigating the aftermath of an accident with an uninsured motorist in Philadelphia can be overwhelming. While the City of Brotherly Love has its unique charm, the intricacies of its legal system require specific understanding and strategy. Ensuring a fair settlement involves a combination of knowledge about local laws, meticulous documentation, and proactive advocacy. Navigating claims after an accident can be challenging, especially with uncooperative insurance companies. With over six decades of experience, Munley Law Personal Injury Attorneys advocate fiercely for clients, ensuring rightful compensation and accountability from at-fault drivers; contact us today for a free case evaluation.
Understand Pennsylvania’s Uninsured Motorist Laws
In Pennsylvania, auto insurance is a legal requirement to ensure that every driver can cover the costs if they cause harm to others on the road. Yet, despite these mandates, some drivers remain uninsured. […]
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Lower Merion Slip and Fall Accident Lawyer
Slip and fall accidents are incidents where an individual slips, trips, or falls due to hazardous conditions, such as wet floors, icy sidewalks, or uneven surfaces. These mishaps can lead to severe injuries, including fractures, sprains, or even traumatic brain injuries. Legal representation becomes crucial in these cases for several reasons.
A qualified lawyer can help navigate the intricate legal system, assist in gathering essential evidence, and maximize your chances of receiving adequate compensation for medical bills, lost wages, and emotional distress. In Lower Merion, PA, where local laws and ordinances can affect your case, hiring a local slip and fall accident lawyer with expertise in the area becomes even more critical.
Engaging a qualified Lower Merion slip and fall accident lawyer is essential for pursuing the compensation you rightfully deserve. If you’re seeking professional guidance, Munley Law Personal Injury attorneys are here to assist you. […]
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Lower Merion Truck Accident Lawyer
Lower Merion, located in southeastern Pennsylvania, is one of the historic townships that make up the fabric of Montgomery County. Boasting in a rich history and a unique blend of suburban charm and urban proximity, it nestles along the outskirts of Philadelphia. Lower Merion offers its residents a dynamic living experience. While this city is known for its scenic beauty and heritage, it isn’t without the challenges posed by modern transportation.
Given its strategic location and the volume of tractor trailers it hosts, understanding the prevalence and implications of truck accidents in Lower Merion is essential. Such incidents not only disrupt the community’s tranquility but also raise broader concerns about road safety and the wellbeing of its residents.
If you or your loved one were injured in a truck accident in Lower Merion PA, you should speak to an experienced truck accident lawyer at Munley Law right away. […]
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