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
Why Is My Car Accident Settlement Taking So Long?
Sitting around and waiting for your case to settle can be frustrating. It may feel as though you are not being prioritized, or that you’ve been forgotten, but that is not the case. Asking, “Why is this taking so long?” is valid but cannot be easily answered.
The process of settling a case is complex, intricate, and includes many working parts that take time. In some cases, a car accident claim may have to go to court because both parties cannot reach an agreement. This can make the whole process even longer. An important fact to remember is that every case is unique; therefore, the amount of time it takes for a case to settle is unique. Although easier said than done, it is important to stay as patient as possible when waiting for your settlement.
Why Do Car Accident Settlements Take Such a Long Time? […]
Read MoreMore information about Claim
How Do You Prove a Traumatic Brain Injury?
Whether you were hurt in a car accident, workplace accident, or another personal injury case, receiving a diagnosis of a traumatic brain injury (TBI) can be scary. With more than 64,000 TBI related deaths in 2020 alone, you or your family will be fighting to ensure the proper care is given for the injured victim. But if you were injured as a result of someone else’s negligence, how do you prove a traumatic brain injury was suffered?
At Munley Law Personal Injury Attorneys, we represent personal injury victims and their families who have suffered a traumatic brain injury and now are fighting for compensation from the insurance companies, or the liable party. If you suffered from a TBI following a car accident, workplace accident, or another event, call Munley Law Personal Injury Attorneys. We can help. […]
Read MoreMore information about Claim
How Long Does It Take Lyft to Investigate an Accident?
With the increased utilization of rideshare services, it’s no wonder there has been an increase in the amount of accident fatalities. One study concluded that from 2011 to 2016, there was an increase in occupant and pedestrian fatalities of two to three percent.
Suppose you are injured in a car accident while a passenger in a Lyft or in a collision with a Lyft driver. In that case, you may wonder how long it takes to investigate an accident and, ultimately, allow you to secure compensation. The Lyft accident lawyer of Munley Law is here to explain.
How to Report An Accident With Lyft
According to Lyft’s website, for riders or other drivers involved in collisions with a Lyft driver, you should call 911 if the accident is severe. As a passenger in the Lyft, […]
Read MoreMore information about Claim
What Does it Mean When You Stack Your Auto Insurance Policies?
Understanding Stacked Car Insurance
Understanding Stacked Car InsuranceIt is estimated that 12.6 percent of motorists on the road in 2019 were driving without car insurance. That equals to approximately one in eight drivers are behind the wheel without insurance. Not only is this illegal and dangerous, but getting into an accident can be costly to all involved.
If you get into a severe car accident in Pennsylvania with an uninsured motorist, your first concern may be how will you pay for your medical expenses. Will you be stuck with the bill?
Fortunately, there are provisions in your insurance policy that will pay for any of the injuries you may receive. And if your underinsured and uninsured motorist coverage is stacked, then you won’t have to worry about paying for the large medical bills.
But what is stacked insurance? And why is it beneficial to stack your uninsured and underinsured motorist coverage? […]
Read MoreMore information about Claim
Workers Compensation for East Coast Logistics Warehouses Injuries
According to the Bureau of Labor Statistics, in 2020 alone, employers reported 2.7 million injury and illness cases in private industry. With a reported 3.4 million people employed in the warehousing and storage industry, many of these workplace accidents occur in warehouse settings. And some happen right in our own region.
If you or a loved one are employed by East Coast Logistics Warehouse or another warehouse in NEPA, the workers’ compensation lawyers of Munley Law Personal Injury Attorneys are here to help. Workplace accidents happen, but that doesn’t mean you have to suffer without workers compensation.
About East Coast Logistics Warehouses
East Coast Logistics and Distribution, Inc. is a third party logistics company located in Northeastern Pennsylvania. With three distribution centers, the facilities are located near major highways in PA including in:
- Mountaintop, […]
