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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Carbondale Rideshare Accident Lawyer
An accident involving an Uber, Lyft, or other ridesharing driver can have unique challenges compared to other car accidents. When determining fault and compensation in a rideshare accident, all parties need to consider whether the rideshare driver did cause the accident, whether they were “on duty” when the accident occurred, and whether the rideshare company insurance or the driver’s insurance will have to pay.
If you’ve been in an accident in Carbondale involving a rideshare driver, reach out to the rideshare accident attorneys at Munley Law right away. We can help you answer your most critical questions and seek the compensation you deserve. With over 60 years of fighting for the injured in Pennsylvania, we have the experience you need to obtain justice. Call Munley Law today to get in touch with an experienced rideshare accident lawyer.
How a Carbondale Rideshare Accident Attorney Can Help You
Hiring an attorney after a car accident is crucial to maximizing your chance of success in your case, […]
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Reading Lyft Accident Lawyer
Lyft accident attorneys have deep insights into the intricate insurance claims and legal difficulties surrounding a rideshare collision with a Lyft driver in Reading, PA. Whether it’s unpeeling the layers of Lyft’s multifaceted insurance coverage or unraveling liability issues involving third-party drivers, an experienced attorney will carefully examine every detail to ensure you receive the justice and fair compensation you deserve.
A Lyft accident lawyer’s primary goal is to maximize your recovery while vigilantly protecting your rights. They’ll conduct a thorough investigation, identify all responsible parties, and aim to hold them fully accountable. With their expertise in streamlining the claims process, these legal advocates handle the intricacies, allowing you to concentrate on recovering from your auto accident.
A dedicated rideshare accident attorney at Munley Law provides the best opportunity for a favorable resolution, whether negotiating with insurance companies or representing you in court. […]
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Reading Catastrophic Injury Lawyer
If you are a victim of a catastrophic accident due to someone else’s negligence, the trauma from the accident can be overwhelming. The mental, physical, and financial stress can escalate quickly, and it is not the sort of thing that one prepares for. An experienced Reading catastrophic injury attorney is key to ensuring that you get the compensation necessary to help you and your family move forward after a catastrophic injury. Munley Law’s Reading catastrophic injury lawyers know that the time after an accident is the most difficult for catastrophic injury victims and their families, and we are here to fight for you and to support you. We are confident about our representation and our success rate, and we are compassionate about how financially vulnerable our clients feel.
What Are Catastrophic Injuries?
Catastrophic injuries affect your quality of life and are typically long-lasting, life-altering, permanent, and sometimes fatal. […]
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How Are Big Truck Accident Settlements Calculated?
In the world of motor vehicle accidents, big truck collisions are a unique and challenging category that demands special attention. These large commercial vehicles, such as 18-wheelers, semi-trucks, and tractor-trailers, have the potential to cause catastrophic damage and life-altering injuries due to their sheer size and weight. When an accident involving a big truck occurs, the consequences can be overwhelming for all parties involved.
Big truck accidents often result in significant property damage, severe injuries, and even fatalities due to the immense size and weight of these vehicles. When it comes to seeking compensation for damages sustained in such accidents, understanding how settlements are calculated can be crucial for victims and their families.
We will shed light here on the factors that influence big truck accident settlement calculations, the types of damages that may be included, and the role of legal accident professionals in ensuring fair and just compensation. […]
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What Happens If an Employer Doesn’t Report a Workplace Accident?
Pennsylvania workers’ compensation provides financial benefits to workers for job-related accidents and occupational diseases. With very few exceptions, every employee in PA is entitled to workers’ compensation benefits if they become injured or sick as a result of workplace accidents or working conditions. When you suffer a work-related injury or disease, you have the right to file a claim for workers’ compensation benefits. The state sets strict guidelines for workers and their families to follow in order to remain eligible for benefits.
Your employer also has responsibilities to file the correct paperwork, adhere to deadlines, and ensure their incident reports are filed with the state.
If you have been injured in a work accident and your claim for workers’ compensation benefits has been denied because your employer failed to file the legally required paperwork, call the expert workers’ compensation attorneys at Munley Law today. […]
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