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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Hazleton Brain Injury Lawyer
After a traumatic brain injury (TBI), you need legal advice you can trust. We can help you get the compensation you deserve. Call our injury attorneys for a free consultation today.
Brain trauma can come with extensive medical costs and a significant recovery time. You may be unable to work, or participate in the activities you used to enjoy. You may need physical or psychological therapy. If your brain injury was the result of a serious accident, crash, or preventable fall, you have the right to seek compensation from the negligent party. We can help.
If you or a loved one has been diagnosed with a traumatic brain injury as a result of an accident in Hazleton, our attorneys can help you recover just compensation. Our firm has been serving local Pennsylvania residents since 1959, and we are committed to helping individuals and families in their times of need. […]
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Why is My Accident Settlement Taking So Long?
Accident settlements play a crucial role in the aftermath of a collision, providing much-needed financial relief to the injured parties and helping them move forward with their lives. These accident settlements, typically negotiated between the parties involved and their insurance companies, can cover accident expenses such as medical bills, lost wages, property damage, and emotional distress
Accident settlements are often viewed as the light at the end of the tunnel for those who have experienced a collision, providing financial compensation and a sense of closure. However, the process of reaching a settlement can be lengthy and frustrating, leaving many accident victims wondering why it’s taking so long to resolve their accident case.
The following will delve into the various factors that contribute to the duration of the accident settlement process, such as the complexity of the case, the need for thorough investigations, […]
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Who is Responsible for a Truck Accident in Wilkes-Barre?
Truck accidents are an unfortunate yet significant aspect of modern transportation, affecting countless lives and causing substantial economic losses each year. These accidents often result in severe injuries, fatalities, and extensive property damage, with consequences that extend far beyond the individuals directly involved. In this article, we will explore the complex nature of truck accidents, examining the factors that contribute to their occurrence, the types of accidents that are most prevalent, and the preventative measures that can be implemented to minimize their frequency and impact. By gaining a deeper understanding of truck accidents, we can work together to improve safety on our roads and protect the lives of drivers, passengers, and pedestrians alike.
Determining liability in truck accidents is a complex process, especially in a bustling city like Wilkes-Barre, where various factors can contribute to collisions. Identifying the responsible parties is crucial for victims seeking compensation and for ensuring that those at fault are held accountable. […]
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How Do Truck Accident Attorneys Establish Negligence?
Truck accidents are among the most devastating and life-altering events that occur on our nation’s highways. Due to the sheer size and weight of commercial trucks, these collisions often result in catastrophic injuries, extensive property damage, and, tragically, loss of life. Navigating the aftermath of a truck accident can be an overwhelming experience, as victims and their families face mounting medical bills, lost wages, and the emotional toll of recovering from such a traumatic event. In this complex landscape, truck accident attorneys play a pivotal role, providing much-needed guidance and expertise to help victims seek justice and compensation for their losses. Below we will explore the critical functions of truck accident attorneys, from investigating the causes of the accident to negotiating with insurance companies and, if necessary, litigating in court. By understanding the importance of truck accident attorneys and their role in these cases, […]
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What a Wilkes-Barre Truck Accident Lawyer Can Do For You
Truck accidents are a prevalent and often devastating type of roadway collision that can have far-reaching consequences for all parties involved. Due to the sheer size, weight, and power of commercial trucks, these accidents often result in severe injuries, extensive property damage, and even fatalities. As essential components of the global transportation system, trucks play a crucial role in the movement of goods and services, yet their presence on highways and roads also poses a significant risk to public safety. Truck accidents can occur for various reasons, including driver fatigue, mechanical failures, inclement weather, and human error. Understanding the causes, consequences, and legal implications of truck accidents is vital for both truck drivers and other motorists, as it helps promote a culture of safety and responsibility on the roads, ultimately reducing the number of tragic incidents and their impact on individuals and communities.
Truck accidents in Wilkes-Barre, […]
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