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 Can I Claim for a Brain Injury?
Brain injuries can have severe and long-lasting impacts on individuals and their families. These injuries can result from various incidents, including accidents, falls, medical malpractice, or sports-related incidents. Brain injury cases are complex and require specialized legal expertise to ensure that the rights and needs of the injured party are properly addressed. Understanding the nature of brain injury cases, their causes, and the legal considerations involved is essential for seeking justice and obtaining the necessary support and compensation.
Suffering a brain injury can be a life-altering event, impacting every aspect of a person’s life. From physical and cognitive impairments to emotional and financial challenges, the consequences can be overwhelming. When facing the aftermath of a brain injury, understanding what you can claim is crucial in seeking the necessary support and compensation. While each TBI case is unique, there are common categories of claims damages that individuals with brain injuries may be eligible to claim. […]
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What Happens in a Product Liability Case?
Product liability is an important legal concept that protects consumers from defective and dangerous products. When consumers purchase products, they have the right to expect that those products are safe and free from defects. However, in some cases, products may cause harm or injury due to design flaws, manufacturing defects, inadequate warnings, or other product-related issues. This is where product liability comes into play.
Product liability refers to the legal responsibility of manufacturers, distributors, suppliers, and retailers for injuries or damages caused by their products. When a product fails to meet safety standards or causes harm, consumers have the right to seek compensation for their injuries, medical expenses, lost wages, and other damages through a product liability claim.
A product liability case arises when a consumer is harmed or suffers injury due to a defective or dangerous product. These cases hold manufacturers, […]
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What is Considered a Catastrophic Injury in Wilkes-Barre?
Catastrophic injuries are life-altering events that have profound and long-lasting impacts on individuals and their families. These injuries often result in severe physical, emotional, and financial challenges. Understanding the nature of catastrophic injuries and their consequences is crucial in recognizing the need for specialized legal representation and support.
Various types of injuries can be classified as catastrophic, including spinal cord injuries, traumatic brain injuries, severe burns, amputations, organ damage, and multiple fractures. These injuries often require extensive medical treatment, rehabilitation, and ongoing care, impacting not only the individual’s physical health but also their emotional well-being and overall quality of life.
Catastrophic injuries can occur in various contexts, such as car accidents, workplace accidents, medical malpractice incidents, construction site accidents, and acts of violence. The consequences of these injuries can be devastating, resulting in permanent disabilities, chronic pain, loss of independence, […]
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Bethlehem Lyft Accident Lawyer
We primarily think of Lyft as a convenience, a means of getting from point A to point B at a reasonable cost. It can be easy to forget that when we get into a Lyft we are trusting a stranger with our lives and safety. Would you know what to do if your Lyft driver got into an accident? What if the accident was your Lyft driver’s fault? Who should pay for your injuries? Will Lyft take any responsibility?
A Bethlehem Lyft accident lawyer at Munley Law Personal Injury Attorneys can answer these questions, and more. Since 1959, Munley has been the most trusted name in law in Pennsylvania and the Lehigh Valley. Our attorneys understand the complexities of rideshare car accidents and can help you navigate this often-confusing situation. We have decades of experience handling serious injury cases involving big transportation companies and commercial insurance policies. […]
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Hazleton Slip and Fall Lawyer
How your Hazleton accident can get you compensated for your injury and recovery
If you or a loved one have been in a Hazleton slip and fall accident, the injury, the loss of income, and the pain and suffering may seem overwhelming. Figuring out when and what you need to prove your case, all while managing your life and recovering from your injuries, is a huge challenge. Some scenarios can also involve fighting for compensation for a tragic, fatal slip and fall.
Our Hazelton slip and fall lawyers are here to help to assess your case and its damage, so that no stone is left unturned, and to make certain the evidence needed to prove negligence is collected. Contact Munley Law Personal Injury Attorneys to begin the process of fighting for the compensation that is rightfully yours; our slip and fall team has the experience, […]
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