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 Distracted Driving Accident Lawyer
Driver distraction is one of the leading causes of motor vehicle accidents. Driving requires focus and undivided attention, but too many people choose to endanger themselves and others by multitasking behind the wheel.
If a distracted driver hits you or someone you love in Hazleton, you need a Hazleton distracted driving accident lawyer who can prove negligence and win you maximum compensation. The Hazleton car accident lawyers at Munley Law have decades of experience representing car accident injury victims, and we have won numerous multimillion-dollar settlements and verdicts. Our attorneys have earned the industry’s highest ratings from Martindale-Hubbell, and have been named the Best Lawyers in America. Let us get you the justice you need.
Get the help you need today. Contact Munley Law for a free consultation. We will listen to your story and give you advice as to how to proceed, […]
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Carbondale Medical Malpractice Lawyer
Medical errors are now the third-leading cause of death in the United States. This means that more than 250,000 people die every year in the U.S. as a result of an error by a doctor, nurse, or another medical professional. Doctors and other medical professionals have a duty to care for patients according to a “standard of care.” If a medical professional does not act within this standard of care, they are said to act negligently. Not acting can also be negligent. And if the medical professional’s negligence causes harm to the patient, medical malpractice has occurred.
If you or someone you love suffered an injury as a result of a medical error, Call our experienced Carbondale medical malpractice lawyer for a free, initial consultation. We can advise you of your rights and guide you as you decide whether to file a medical malpractice claim. […]
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Pittsburgh Birth Injury Lawyer
Our Pittsburgh Birth Injury Lawyers Will Get You Justice
Having a baby should be a joyous occasion. Unfortunately, when medical negligence causes a birth injury, the consequences can be devastating for the entire family. As leading birth injury lawyers in Pittsburgh, Munley Law is dedicated to providing support and representation to families affected during the difficult time following a birth injury. We understand the suffering and loss a family can experience when a child is injured during birth due to medical negligence. Our attorneys are experienced in working with families to seek justice for the wrongs that occurred.
At Munley Law, our Pittsburgh personal injury lawyers are committed to providing personalized representation to each client we serve. Our attorneys have extensive knowledge and experience handling birth injury cases. We can provide you with the resources and legal guidance you need to seek justice. […]
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Truck Driver Fatigue
How Dangerous is Drowsy Driving For a Truck Driver?
Drowsy driving is one of the leading causes of truck accidents in the US. Truck drivers are under enormous pressure to meet deadlines, get paid, and keep their jobs, but when the driver of a 15-ton commercial vehicle becomes drowsy, the results can be catastrophic. Of course, the motorists most likely to be injured or killed in a truck accident are not the truck drivers themselves, but the drivers and passengers in other vehicles. If you are involved in an accident with a drowsy truck driver, you need a well-qualified truck accident lawyer who understands how to properly represent your claim.
The Federal Motor Carrier Safety Administration regulates the commercial trucking industry, including how many hours truck drivers are permitted to operate their vehicles on a daily and weekly basis. […]
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Pittsburgh Product Liability Lawyer
Injured by a Faulty or Dangerous Product? Let Us Help You Recover.
2021 saw nearly 12 million people in the United States rushed into emergency treatment due to an injury from a consumer product. While you never think it will happen to you, everyday products can put you and your family at risk if they are defective or dangerous. Often, someone in the production chain knew the product was defective. However, they chose to prioritize their profits over the safety of customers and consumers.
You should be able to trust that the manufacturer or designer of your product kept your safety as their highest priority. If this trust was violated, a Pittsburgh product liability attorney can help you hold those responsible for your injuries accountable. Contact the product liability lawyers at Munley Law to schedule a free consultation. We’re here to help. […]
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