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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Pittsburgh Bikeshare Accident Lawyer
Seeking Justice after a Pittsburgh Bike Share Accident
Biking is a wonderful means of transportation for many reasons, including the environmental impact, the exercise, and the affordability, whether for commuting or simply for pleasure. But like all means of getting around, especially in a busy city such as Pittsburgh, there are inherent risks and dangers. And sometimes, bicycle accidents happen.
With bike sharing specifically, some additional risks come into play. Bike share programs, like Pittburgh’s HealthyRide, may mean that people who are not regular or experienced cyclists are now biking on busy city streets. This is also a popular means of getting around the city for visitors and tourists, which means that people who lack familiarity with their surroundings are biking in high-traffic areas. This can be extremely dangerous.
If you have been injured in a bike accident, or specifically a bikesharing accident, […]
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Is It Worth Getting a Lawyer for a Car Accident in Philadelphia?
Determining When To Speak to a Car Accident Lawyer
Car accident cases can be complicated. From dealing with the insurance companies to determining fault, most car accident victims don’t know where to begin. Car accidents in Philadelphia also have certain dates to meet under Pennsylvania law. If you want to file a car accident claim, you should not delay.
While not all car accidents require the aid of a Philadelphia car accident lawyer, in many car accidents, it is worth seeking legal advice.
Learn more about the situations in which a car accident may require an experienced car accident lawyer.
Questions For Philadelphia Car Accident Lawyers
It is normal after an auto accident to have multiple questions. For starters, what do I do now? Following a car accident, you’ll want to do the following:
- Go to a safe location off the road if possible. […]
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Can You Sue Someone for a Minor Car Accident?
What to Do If You’re In a Minor Car Accident
Maybe it’s a small fender-bender in the grocery store parking lot. Or perhaps a driver misjudged the lane shift and tapped into your car. Sometimes these minor car accidents happen, resulting in minimal damage to your vehicle. While it may just be an inconvenience without injury, you may wonder, can you sue someone for a minor car accident?
The answer is yes — anytime you are involved in a car accident, you have a right to file a claim with your insurance or file a lawsuit against the other driver to recover compensation. The real question is, will your case be successful for a minor car accident?
Every accident can involve both non economic damages and economic damages. So, in some cases, […]
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Do You Always Get A Settlement From A Car Accident?
Understanding Car Accident Settlement Claims
While insurance claims following a car accident do not always end with a settlement, you do always have a right to file a claim and try to seek compensation for your injuries. There are various factors that will determine the success of your car accident settlement claim, most importantly, the severity of your injuries. Car accident victims will have a lot of questions after a car crash about how to deal with insurance companies and what kind of settlement offer or help with medical expenses and more that they can expect.
Steps in Seeking a Settlement
Before car accident settlements are even discussed, you’ll have to file an insurance claim with both your own insurance company and the other drivers. In many cases, the insurance company should cover your needs, but it is not always the case, […]
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What Happens if the At-Fault Party Doesn’t Have Car Insurance?
What to Do In Car Accident with Underinsured or Uninsured Motorist
You may be asking yourself, If I’m involved in a car accident, and the at-fault driver doesn’t have car insurance, what happens to me? In Pennsylvania, that answer largely depends on the type of insurance coverage you have, including underinsured motorist coverage. Typically, however, you can file a compensation claim with your own insurance company or file a personal injury or car accident lawsuit against the other driver.
Pennsylvania Drivers Are Required to Carry Insurance
In Pennsylvania, drivers are required to carry insurance coverage. Known as no-fault or Personal Injury Protection (PIP) coverage, no matter who is at fault in the accident, the initial medical bills are covered by your own insurance company, up to a certain amount.
However, it is estimated that 6% of Pennsylvania drivers are uninsured, […]
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