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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Where Do Pedestrians Get Hit the Most?
Where do pedestrians get hit the most and who is liable for their injuries or deaths? At Munley Law Personal Injury Attorneys, we represent personal injury victims and their families who have been injured as a result of someone else’s negligence.
If you were a pedestrian who was hit in a car accident, contact the compassionate pedestrian accident attorneys at Munley Law for a free case evaluation.
Where Are Pedestrian Accidents Most Likely to Occur?
According to the Centers for Disease Control and Prevention (CDC), one in six people who died in car accidents in 2020 were pedestrians; this equates to more than 7,000 pedestrians killed in collisions in the year alone.
Of reporting pedestrian accidents, the CDC finds that pedestrians get hit the most in urban areas, on roadways away from intersections where drivers travel at higher speeds, […]
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Car Accident Lawyer
When you’re dealing with mounting medical bills, lost wages, and the aftermath of a serious collision, you can’t afford to work with inexperienced car accident lawyers who settle for less. Munley Law’s veteran trial attorneys have recovered millions for accident victims. We are unafraid to take on insurance companies to obtain fair compensation for our clients.
Our award-winning legal team will investigate every detail of your case. We work with top accident reconstruction professionals and refuse to let insurance companies pressure our clients into unfair settlements. We handle everything so you can focus on healing while we fight relentlessly for the full compensation you deserve. An experienced accident lawyers at Munley Law is ready to fight for you today. Getting injured in an accident can be a frightening and devastating experience, so let our accident attorneys focus on getting you compensation.
Call or chat to schedule your free consultation with our experienced legal team. […]
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What Are the 5 Most Common Causes of Wrongful Death?
Learn about the five most common causes of wrongful death, including medical malpractice and accidents, and how to protect your rights.
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What Is a Wrongful Death vs Survival Action?
Losing a loved one is always incredibly painful, but losing someone tragically and unexpectedly due to someone else’s negligence can seem impossible to navigate. If your family member was a key financial supporter of your household, your grief is likely being compounded by extreme financial stress. You may be wondering how you can put your family member or spouse to rest, pay off their medical bills, and keep your household afloat, but you may have legal recourse through wrongful death or survival claims. At Munley Law, our wrongful death attorneys can walk you through your options to seek justice for your deceased family member and obtain financial support.
Understanding Wrongful Death Claims
A wrongful death claim is a type of lawsuit that serves to compensate a deceased person’s family members for the loss they have suffered as a result of their loved one’s death, […]
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Philadelphia Workers’ Compensation Lawyer
When you need a Philadelphia workers’ compensation lawyer who fights relentlessly for injured workers, turn to Munley Law. Our experienced attorneys understand how a workplace accident can devastate your life – leaving you with mounting medical bills while you’re unable to earn a paycheck. We’ve seen insurance companies deny valid claims and employers try to force injured workers back too soon.
Our board-certified workers’ compensation attorney will ensure you receive your benefits while protecting your rights from the insurance company. Employers often don’t understand the law surrounding workers’ compensation and will try to force you back to work as soon as possible before the doctor clears you. We will make sure that doesn’t happen.
Why Hire a Philadelphia Workers’ Comp Lawyer at Munley Law
If you are among the millions of Americans who have suffered a job-related injury, […]
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