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
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, […]
Read MoreMore information about Claim
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, […]
Read MoreMore information about Claim
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. […]
Read MoreMore information about Claim
Pennsylvania Dram Shop Lawyer
Going to a bar or restaurant, you want to have a good time. And that may mean having a couple of drinks. But sometimes, people take the good times too far and become extremely intoxicated. That person may decide to get into their car to drive home. Of course, what happens next is that you get into an accident with the drunken driver. What do you do next? Who is liable for your injuries?
The dram shop lawyers at Munley Law Personal Injury Attorneys understand how difficult a situation this can be. These types of cases are never cut and dry. That’s why our team of attorneys work hard to make sure the guilty party or parties are held accountable for their actions. We make sure you get the compensation that you deserve after such an accident.
What are Dram Shop Laws?
A dram shop case involves a lawsuit against a business that sells alcohol who is liable for the actions of someone who was served too much alcohol. […]
Read MoreMore information about Claim
Negligent Security Lawyer
It’s a fear most of us have — become a victim of a crime and getting injured as a result. But what if your injury could have been prevented if proper security measures in place? You would probably feel angry and upset. No one deserves to be injured because of negligence. It’s time to take action with a negligent security lawyer.
When people visit a place of business or lodging, you have the right to expect a reasonable amount of safety. In fact, property owners have a duty to secure their premises and protect lawful visitors and patrons from foreseeable harm.
Most premises liability cases involve “accidents,” or unintended consequences of careless property owners. But what happens if you are the victim of an intentional act – a violent crime on someone’s property or at a place of business? […]
Read More
