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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What Are the Chances of Dying in a Car Crash?
It is common knowledge that when you climb into a motor vehicle, there is a certain level of risk. Car accidents are, in fact, one of the leading causes of death in the United States. But what exactly are the chances of dying in a car crash?
The Statistical Reality of Fatal Car Accidents
Motor vehicle crashes are a leading cause of death in the United States, taking the lives of over 100 people every day. There are critical factors that increase or decrease the risk of fatality in a car accident, such as the type of car crash, the kind of roadway and road conditions, the type of motor vehicle, the characteristics of the driver, and other factors. The statistical reality of fatal car accidents in the United States is as follows:
- Current fatality rates: In 2023, […]
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What Happens After a Fatal Car Accident?
A fatal car accident completely changes the trajectory of the lives of a victim’s loved ones. They are unpreventable and sudden, and therefore it is hard to even make a plan for what you should do if a loved one dies in an accident. A part of coping with the loss can be to seek out legal action against the other driver. This is a valid response to such an accident, and it is important to know the process of getting your loved one justice.
If you lost a loved one because of the carelessness of another driver, understand that Munley Law Personal Injury Attorneys is here to help you through this difficult time. We will go after all those involved in your loved one’s death and will make sure both you and your family are compensated for any damages caused by the fatal accident. To start a wrongful death claim for your loved one’s car accident, […]
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Harrisburg Motorcycle Accident Lawyer
A Harrisburg motorcycle accident lawyer at Munley Law understands the devastating impact a crash can have on you and your family. The aftermath of a motorcycle accident often brings severe injuries, mounting medical bills, and overwhelming stress as you try to navigate insurance claims while focusing on recovery.
Our experienced attorneys have seen firsthand how these accidents can permanently alter lives. We know that motorcycle riders face unique challenges on Harrisburg roads, and when accidents occur, the injuries tend to be catastrophic. Insurance companies may try to minimize your claim or unfairly blame you for the crash.
You shouldn’t have to face these challenges alone. Our legal team will handle every aspect of your case, from investigating the accident and documenting damages to negotiating with insurance companies, allowing you to focus on what matters most – your recovery. […]
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Pottsville Car Accident Lawyer
If you’ve been injured in a car accident in Pottsville, Pennsylvania, you may be facing mounting medical bills, lost wages, and stress about what to do next. At Munley Law, our experienced Pottsville car accident lawyers are here to guide you every step of the way.
With decades of combined experience in handling car accident cases in the Pottsville area, Munley Law has earned a reputation as the region’s leading personal injury law firm, providing compassionate service, expert legal guidance, and a track record of success. If a negligent or reckless driver caused you or your loved ones harm, you deserve to be compensated for your losses.
For a no-obligation, free consultation, contact our Pottsville car accident lawyer at Munley Law today.
Why You Need a Pottsville Pennsylvania Car Accident Lawyer
Car accidents in Pottsville can present some complicated legal challenges. […]
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Philadelphia Product Liability Lawyers
A Philadelphia product liability lawyer at Munley Law can fight for your rights if a defective product has caused harm to you or a loved one. The products we use daily, from auto parts and medical devices to children’s toys and household appliances, should be safe and reliable. Yet dangerous and defective items continue to injure Philadelphia consumers at an alarming rate.
When manufacturers, distributors, or retailers put unsafe products into the marketplace, they must be held accountable for the devastating consequences. Serious injuries and even deaths occur because companies fail to ensure their products’ safety. If a dangerous product has harmed you or a family member, you may be entitled to substantial compensation for your losses.
Our experienced product liability attorneys understand the complex Pennsylvania laws governing defective products and have a proven track record of holding negligent companies responsible. We thoroughly investigate every case, […]
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