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.
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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How to File a Truck Crash Lawsuit
After a collision with a truck, you need maximum compensation for your injuries
The nation’s #1 semi-truck accident lawyers explain how to file your truck crash lawsuit
As the Federal Motor Carrier Safety Administration (FMCSA) reports, 499,000 trucks crash each year. Correspondingly, those collisions cause 107,000 serious injuries. In addition, 4,415 semi-truck accidents are fatal. Truck crashes cause tremendous pain and suffering for accident victims and their families. Because filing, fighting, and winning a truck accident lawsuit is incredibly difficult, these collisions also cause a lot of confusion. To answer some of the most frequently asked questions, the nation’s #1 tractor-trailer accident lawyers explain how to file a truck crash lawsuit.
For the best chances for winning your truck accident case and maximizing your compensation payout, you need to hire an experienced semi-truck collision lawyer. Who you choose matters. To speak to an award-winning and record-setting truck accident lawyer from Munley Law Personal Injury Attorneys for FREE, […]
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What is Summary Judgment?
Understanding motions for summary judgment…and how to win them
If you sued a defendant for your injuries or other damages, then you can expect certain legal responses and defenses. While every case is unique, some stages of litigation come up in nearly every lawsuit. Summary judgment is one of those phases. Understanding what summary judgment is and how handle it is key to winning big in your case. As a result, our experienced trial lawyers define summary judgment and provide a guide to using this legal step to maximize your compensation payout.
To discuss the details of your lawsuit for FREE, schedule a consultation with an award-winning Munley Law Personal Injury Attorneys litigator today.
Motions for summary judgment: what they are and what do they do
In order to fully grasp motions for summary judgment, you must have a basic understanding of how lawsuits work. […]
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Can You Sue Uber for Accident Injuries?
Uber and Lyft crashes: Can rideshare passengers sue?
If you were a passenger in a car or SUV that crashed, you may be wondering if you can sue Uber for your accident injuries. The nation’s #1 crash lawyers explain.
Last year, more than 5 million Uber driver took Americans on 6.9 billion trips. As such, the rideshare app brought in an annual net revenue of 14.1 billion. Lyft finished out the year with 23 million active users and 3.6 billion in revenue. In many ways, these innovative apps positively change how we think about transportation and the gig economy. At the very least, they alter how many of us get from Point A to Point B.
However, rideshare apps like Uber and Lyft also contribute to a growing danger in the United States. According to researchers at the Massachusetts Institute of Technology (MIT), […]
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Determining the Settlement Value of Your Accident Case
Figuring out how much your accident case is worth
After suffering injuries from a car, truck, SUV, bus, or pedestrian crash, your life may be very different. While some accident victims can go back to their jobs, many are temporarily or permanently unable to work. Other victims require additional surgeries, rehabs, or treatments. Likewise, some suffer permanent disabilities that will require ongoing treatment for the rest of their lives. Undoubtedly, the pain and suffering that follows a catastrophic crash takes its toll on both the accident victim and their loved ones. Even the simplest tasks and every day chores can suddenly feel overwhelming. Moreover, the costs of all of these changes are often astronomical. Between medical bills, lost wages, rehabilitation costs, equipment and home modifications, and replacement services, the bills quickly stack up.
Luckily, there is a way to get some financial help. Filing a claim against the responsible actors can get you compensation to cover these expenses. […]
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What To Do After a Hit-and-Run Accident
After a hit-and-run accident, take action
The nation’s best personal injury lawyers explain what to do after a hit-and-run automobile crash
According to the American Automobile Association (AAA), there are 682,000 hit-and-run accidents in the United States every year. The moments after a serious accident are the most frightening. The crash scene may be chaotic and you may feel confused, stressed, and seriously in pain. Additionally, these feelings will likely be amplified if you are the victim of a hit-and-run accident. However, taking a moment to learn how to proceed when the driver who hit you flees the scene of the collision can make a world of difference. Accordingly, our award-winning car and truck crash lawyers explain what to do and what not to do after a hit-and-run accident.
If you’d like to discuss the details of your accident, schedule a free consultation with a leading personal injury lawyer from Munley Law Personal Injury Attorneys today. […]
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