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 is the Average Payout for Traumatic Brain Injury?
Determining the average payout for Traumatic brain injury (TBI) cases can be challenging due to the wide range of factors involved. TBI settlements and verdicts are influenced by the severity of the injury, the impact on the individual’s life, the long-term consequences, and various other factors. TBI cases can vary significantly in terms of their circumstances and the compensation awarded to the victims.
Traumatic brain injury is a serious and often life-altering condition resulting from a sudden blow or jolt to the head, or a penetrating injury that disrupts the normal functioning of the brain. TBI cases can have significant physical, cognitive, and emotional impacts on individuals, affecting their ability to work, engage in daily activities, and enjoy a fulfilling life. Understanding the complexities of TBI cases, including their causes, symptoms, and legal implications, is crucial for those affected and their families
How TBI Settlements Are Calculated
Traumatic brain injury settlements play a crucial role in providing compensation to individuals who have suffered from these life-altering injuries. […]
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Who is Liable for a Bicycle Accident?
Bicycling is a popular mode of transportation, exercise, and recreation enjoyed by millions of people worldwide. However, as with any activity on the road, bicycle accidents can occur, often resulting in injuries and damages. Bicycle accidents can be caused by a variety of factors, including negligence by motorists, hazardous road conditions, or even equipment failures. Here we will delve into the topic of bicycle accidents, exploring their causes, consequences, and the importance of understanding your rights and legal options if you are involved in such an incident. Whether you are a cyclist, a concerned motorist, or simply interested in promoting road safety, understanding bicycle accidents is crucial for fostering a safer and more inclusive environment for everyone on the road.
Determining liability in a bicycle accident is a critical aspect of the legal process. When a bicycle accident occurs, […]
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What to Do After an Uber Accident
Uber has revolutionized the way people commute and travel, providing a convenient and accessible transportation option. However, like any mode of transportation, accidents can happen. Uber accidents occur when vehicles operated by Uber drivers are involved in collisions, resulting in injuries to passengers, drivers, pedestrians, or occupants of other vehicles. These accidents can have serious consequences, both physically and legally.
Being involved in an Uber accident can be a disorienting and stressful experience. In the aftermath of such an incident, it’s crucial to know the steps to take to protect your well-being, gather necessary information, and navigate the legal process effectively. Knowing what to do after an Uber accident can make a significant difference in ensuring your safety and protecting your legal rights.
In the Event of an Uber Accident, Remember the Following:
Being involved in an Uber accident can be a jarring and overwhelming experience. […]
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What is the most common type of collision between cars and motorcycles?
Motorcycle and car collisions are unfortunately common on roadways, and they can result in devastating consequences for motorcyclists. Among the various types of motorcycle and car collisions, one of the most prevalent is the “left-turn” or “right-turn” scenario. These collisions occur when a car makes a left or right turn and fails to notice an approaching motorcycle, leading to a dangerous collision. The size and blind spots of cars, combined with the agility and maneuverability of motorcycles, create a potential recipe for disaster
car and motorcycle collisions can have devastating consequences due to the significant size and weight disparity between these vehicles. While various types of collisions can occur, one of the most common and dangerous is the “rear-end” collision. In this scenario, a car collides with the rear of a motorcycle, often resulting in severe injuries or fatalities for the motorcyclist. The combination of a car’s limited visibility and the vulnerability of motorcycles on the road contributes to the frequency and severity of rear-end collisions. […]
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Who is Liable in a Slip and Fall Injury?
Slip and fall injuries are among the most common types of accidents that can occur in various settings, such as homes, workplaces, public spaces, or commercial establishments. These accidents typically happen when a person loses their footing or balance due to hazardous conditions, resulting in an unintentional fall. Slip and fall injuries can range from minor bruises to severe fractures, head trauma, or spinal cord injuries. Understanding the causes, consequences, and potential legal implications of slip and fall injuries is essential for individuals to protect their rights and seek appropriate recourse if they have been injured due to the negligence of others
When a slip and fall injury occurs, one of the crucial aspects to consider is liability. Establishing liability is key to determining who is responsible for the accident and subsequent injuries. In slip and fall cases, liability can fall on different parties depending on the specific circumstances surrounding the incident. […]
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