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 Sue Uber for Emotional Distress After an Accident?
Picture this: It’s Saturday night and you are leaving your favorite local restaurant. You plan to Uber back home after meeting up with friends. You book a car, and within no time, your Uber is waiting for you. All seems well until your Uber driver starts to exhibit signs of reckless driving. He’s speeding, being aggressive toward other drivers, and leaving you feeling uneasy. Then it happens, you’re in a car accident. Not only do you have physical injuries, but emotional trauma as well.
With more Americans opting for rideshare transportation, it’s no wonder that we’re seeing services like Uber and Lyft accounting for a percentage of total traffic accidents and fatalities. In a 2018 study by the University of Chicago and Rice University, it was found that rideshare services such as Uber and Lyft actually make up a two to three percent increase in traffic fatalities since 2011. […]
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What is the Average Uninsured Motorist Settlement Amount in an Allentown Car Accident?
In the vibrant and historic city of Allentown, where community ties are strong and the spirit of resilience is ever-present, unexpected accidents can occur. Navigating the aftermath of a car accident involving an uninsured motorist can be a daunting task, full of questions and uncertainties. It is in these critical moments that the expertise of a seasoned Allentown car accident lawyer becomes so important.
At Munley Law, we can help. Our Allentown car accident lawyer has over 60 years of unwavering commitment to fighting for the rights of accident victims throughout Pennsylvania, including the heart of Allentown. Our award-winning team of personal injury attorneys is here to guide you, offering a deep well of knowledge and a compassionate approach to help you secure the compensation you rightfully deserve.
Uninsured Motorist Claims Can Be Difficult
Understanding the landscape of uninsured motorist settlements is a key step in this journey. […]
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How Long After a Car Accident in Harrisburg Should You Claim an Injury?
Harrisburg residents are no strangers to the hectic pace of city life. While the scenic routes of Riverfront Park and the historic streets bearing tales from the Civil War era add charm to this vibrant city, they also witness their share of car accidents each year.
In the unfortunate event of finding oneself in a car collision on the well-traveled roads of Harrisburg, navigating the legal avenues for claiming injuries can be daunting.
Awareness of the time frame within which one can initiate a car accident injury claim in Harrisburg is essential and a lifeline to securing rightful compensation. Whether you are a daily commuter weaving through the traffic on I-83 or a tourist marveling at the Pennsylvania State Capitol Complex, the clock starts ticking once an accident occurs.
As experts in the field, Munley Law is a beacon of assistance in these trying times, […]
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What Happens After Your Lyft Gets Into an Accident?
In recent years, rideshare services like Uber or Lyft have revolutionized the way we commute, offering convenience at the tap of a screen. As these platforms surge in popularity, so does the volume of Lyft drivers and the number of vehicles on the road under their banner but most do not know what happens if your Lyft gets into an accident. When such misfortunes strike, especially when bodily injury is involved, the aftermath can be complex and overwhelming. It’s in these critical moments that the expertise of a Lyft accident lawyer becomes invaluable to you as a passenger.
The Lyft accident lawyers at Munley Law Personal Injury Attorneys stand at the forefront of legal representation in the rideshare accident domain. With a legacy rooted in dedication and client-centric service, our team is well-versed in the intricacies of car accident laws. Whether you’re a passenger, […]
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What is a Traumatic Brain Injury?
Traumatic Brain Injury (TBI) is more than just a momentary crisis; it’s a life-altering event with severe consequences that can last a lifetime. The physical and emotional toll can be immense, impacting not only the individual but their family as well. Medical bills can pile up, and the road to recovery can be long and uncertain.
In such trying times, legal help isn’t just an option—it’s a necessity. By hiring a specialized Bensalem traumatic brain injury lawyer from Munley Law, they can navigate the complexities of TBI cases, ensuring the best possible outcome for those affected. Contact us today to schedule a free consultation.
The Impact of a Traumatic Brain Injury
The repercussions of traumatic brain injury are far-reaching and deeply concerning. Physically, victims may suffer from debilitating headaches, memory loss, and even long-term disability. […]
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