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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Who Determines Fault in a Car Accident?
Parties Who Determine Fault in Car Accident
If you’ve been injured in a car accident, one of the first things you might think is “That was not my fault!” Once the immediate stress of the accident wears off you might start wondering, “But how do I prove that? Can I prove that? Who actually determines the fault in a car accident?” Fault is not necessarily decided by one party. Rather, the police report, your insurance company, and sometimes the other driver play a role in determining fault in car accidents.
In order to recover compensation for damages in an auto accident, you should consult an experienced car accident lawyer. The team at Munley Law Personal Injury Attorneys has decades of experience helping the victims of car accidents and we’re here to offer a free consultation and free case review today. If you or a loved one has been involved in an accident, […]
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What is Uninsured Motorist Coverage, and Do I Need it?
We drive a lot. It’s a daily act that becomes almost mundane, but being on the busy roads at any time of day brings you into close contact with literally hundreds of other drivers and vehicles.
Many of these hundreds of drivers are distracted by hundreds of things. An accident can happen in a split second. How confident are you that these drivers have sufficient or any car insurance policy?
Uninsured motorist statistics
If you’re the victim of a collision with an uninsured driver, or with a driver who has very little auto insurance coverage, you could be responsible for the entire financial burden of a car crash.
According to a 2021 study by the Malvern, Pennsylvania-based Insurance Research Council (IRC), 13 percent of motorists, or about one in eight drivers nationwide, is uninsured. […]
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When to Hire an Attorney After a Car Accident
Car accidents are traumatizing events for all involved. In the aftermath of a car accident, there are so many questions to be answered. What kind of medical care do I need? Do I have to take time off work? Will my insurance cover this? Is my car okay? Can I afford all this? How will I get to work? In the midst of all this, one question that may cross your mind is: Do I need a lawyer?
You’re not required to hire a car accident attorney, and in some cases, doing so may not be necessary. However, while working with an experienced lawyer does not guarantee a specific outcome, it does guarantee that you’ll have someone with knowledge of the legal system fighting on your behalf. For many people, working with a personal injury lawyer after a car accident is worth it because it means that can focus on things like rest and recovery, […]
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How Long Could My Truck Accident Case Take to Settle?
Does It Take a Long Time For a Truck Accident Claim to Reach a Settlement?
If you are involved in a truck accident, compensation for your settlement depends on many factors. In some cases, the truck accident claim can be settled within a few months and in others, it can take a few years before it reaches a conclusion. Truck accident claims involve commercial vehicles, which means there are more parties involved. Additionally, negotiations may fail to achieve adequate funds for victims, and the pursuit of a personal injury claim or wrongful death lawsuit is the proper course of action.
Unfortunately, it’s difficult to say how long a truck accident case can take to settle — anywhere from a few months to a few years. It usually depends on the willingness of all parties involved to reach a settlement and how complex the claim is. […]
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How Can a Truck Accident Lawyer Help?
Why Do I Need a Truck Accident Lawyer After an Accident?
Dealing with the aftermath of a truck accident in Pennsylvania can be frustrating, stressful, and devastating. Faced with medical expenses, pain and sufferings, and lost wages, the road to recovery may seem long and hard for both you and your family. What you need is an experienced truck accident lawyer to help you receive the maximum amount of compensation for your losses, in a timely manner, so you and your family can start the healing process.
But how can a truck accident lawyer help your claim and why do you need one? Let’s explain.
A Truck Accident Lawyer Can Help With Deadlines and Evidence
Timeliness is critical when establishing liability and the best possible financial compensation that you are entitled to. Reputable truck accident lawyers understand that timing is crucial to ensure a fair, […]
