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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Dog Bite Lawyer
If you were attacked by a dog, contact a dog bite lawyer at Munley Law Personal Injury Attorneys for a free consultation.
Any type of animal attack can be devastating. Often, the victim of an animal bite will have both physical and emotional scarring. This is where our experienced dog attack attorneys can help.
For over 60 years, the lawyers at Munley Law Personal Injury Attorneys have represented injury victims, including dog bite victims, throughout Pennsylvania. We understand how complicated these cases can sometimes be and are ready to answer any questions you may have about your case.
Most homeowners’ and renters’ insurance policies cover bite injuries, so let us help you recover the damages you deserve for your scarring, pain and suffering, medical bills, and lost wages from your injury.
Our injury attorneys have recovered millions of dollars in settlements and verdicts for our clients. […]
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Cancer Misdiagnosis Lawyer
If a doctor fails to diagnose a patient with cancer, the consequences can be life-threatening. Even a delayed diagnosis may be the difference between life and death.
If you or a family member have suffered because of a doctor’s incorrect or missed diagnosis of cancer, you may be entitled to pursue a medical malpractice lawsuit. A cancer misdiagnosis lawyer at Munley Law Personal Injury Attorneys will review the details of your situation, answer your questions, and help you determine what to do next. Our medical malpractice lawyers have recovered millions of dollars on behalf of individuals and families who have suffered due to medical negligence. We have consistently been named among the Best Lawyers in America, and we have earned the highest client satisfaction ratings possible. To speak with a cancer misdiagnosis lawyer now, fill out our email form, or call us. The consultation is free. […]
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How Much Can Someone Sue for a Car Accident?
In general, there is no limit to how much you can sue someone for a car accident. However, there are factors that may limit how much compensation you will recover in a lawsuit. Things like the severity of the injuries, the extent of the other party’s negligence and the coverage of insurance policies will all limit what you can recover.
How Much Can a Car Accident Victim Sue For?
Car accident victims can sue for economic and noneconomic damages depending on the severity of the wreck. The only way to really maximize the total compensation a victim may be awarded is by utilizing the legal representation of a car accident lawyer.
Potential compensation a car accident victim may be awarded include:
- Medical expenses
- Lost wages
- Diminished earning capacity
- Property damage
- Pain and suffering
- Loss of consortium
- Wrongful death
What will be awarded will also depend on the severity of the crash. […]
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Where Do Most Fatal Car Accidents Occur?
According to the National Highway Traffic Safety Administration (NHTSA), most fatal car accidents happen within 25 miles of your home. However, not only does being close to home increase the likelihood of being involved in a fatal crash, so too can the type of community you reside and commute in and the roadways you most frequently traverse increase your risk.
No matter where your car accident occurred, if you or a loved one suffered injuries or death in a car accident, you may be eligible for compensation. A Munley Law Personal Injury Attorneys car accident attorney can help you determine the cause of your accident, and calculate what damages you may qualify for.
Where Do Most Car Accidents Happen?
Car accidents can happen anywhere at any time. However, while many of us may think that driving through cities and urban highways with heavy traffic are the most likely to get into a fatal car accident, […]
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What Are the Chances of Winning a Personal Injury Lawsuit?
When you are hurt in an accident because of the negligence of another, your first instinct may be to just let it go. After such a traumatic experience, it’s easy to want to push past it and move forward. However, other people may see this traumatic experience and immediately think the right move is to sue in a personal injury lawsuit.
But what are the chances of winning a personal injury lawsuit? While no personal injury attorney can guarantee an outcome for your claim or case, working with a reputable law firm can help you win your claim and secure the compensation you need to move forward.
When Can You Sue For a Personal Injury?
There are many accidents that may result in needing to file a personal injury claim or lawsuit to recover the compensation needed to deal with your injuries and financial losses. […]
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