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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Erie PA Slip and Fall Lawyer
Slip and fall accidents, a common type of personal injury claim, occur when a person slips, trips, or falls as a result of a hazardous or dangerous condition on someone else’s property. These accidents can happen anywhere – in a grocery store, a neighbor’s driveway, a public sidewalk, or at a local restaurant. Common causes include wet floors, poor lighting, uneven surfaces, or hidden hazards. Injuries can range from minor bruises and sprains to severe fractures, head injuries, or even spinal cord damage. Property owners have a legal obligation to maintain a safe environment and may be held liable if their negligence leads to an accident. Understanding the nature of slip and fall accidents and the legal implications associated with them is crucial for both property owners and potential victims.
Slip and fall accidents, while often underestimated, […]
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Erie Wrongful Death Lawyer
The loss of a loved one due to another’s negligence or wrongdoing is an unimaginable tragedy. In Erie, Pennsylvania, such instances fall under wrongful death cases, a complex area of law designed to provide some form of recompense for the bereaved families left behind. These cases can stem from a multitude of circumstances, from car accidents and medical malpractice to workplace accidents and defective products. Understanding the nature of wrongful death cases, the legal requirements, and how to pursue justice in these situations is crucial for those affected in Erie PA.
Navigating the legal terrain following the untimely and unjust loss of a loved one can be a daunting task. During such challenging times, the assistance of a skilled wrongful death lawyer can be invaluable. In Erie, Pennsylvania, wrongful death lawyers stand ready to provide their expertise and compassion to grieving families. […]
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Georgia Truck Accident Lawyer
Truck accidents cause chaos and damage across the United States, and Georgia is no exception. In 2014, 155 deaths occurred in the state as a result of car accidents involving trucks. That same year, there were 1,164 car accident fatalities in total, meaning truck accidents accounted for approximately 13% of car accident fatalities.
These numbers are terrifying. There are countless families across the state, and the nation, who have lost a loved one to a truck accident, and countless people who are themselves suffering from the physical, emotional, and psychological impact of surviving a truck accident. Here at Munley Law Personal Injury Attorneys, we cannot take away the pain you have experienced, but we can help you find a way through it. You need to focus on recovery and getting back to the things you love, so let our Georgia truck accident lawyers focus on navigating the legal system and fighting on your behalf. […]
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Carbondale Slip and Fall Lawyer
Slip and fall accidents, a common type of personal injury claim, occur when a person slips, trips, or falls as a result of a hazardous or dangerous condition on someone else’s property. These accidents can happen anywhere – in a grocery store, a neighbor’s driveway, a public sidewalk, or at a local restaurant. Common causes include wet floors, poor lighting, uneven surfaces, or hidden hazards. Injuries can range from minor bruises and sprains to severe fractures, head injuries, or even spinal cord damage. Property owners have a legal obligation to maintain a safe environment and may be held liable if their negligence leads to an accident. Understanding the nature of slip and fall accidents and the legal implications associated with them is crucial for both property owners and potential victims.
Slip and fall accidents, while often underestimated, […]
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Carbondale Product Liability Lawyer
Product liability refers to an area of law in which manufacturers, suppliers, distributors, and retailers can be held responsible for the injuries or damages caused by the products they bring to market. When a product fails to function as intended or is inherently dangerous, and causes harm to a consumer, those involved in its production or sale may be legally liable. This legal concept exists to protect consumers from defective products, ensure the quality of products in the market, and encourage responsible business practices. Product liability cases can involve various types of products, from automobiles and medical devices to consumer electronics and household goods. Understanding product liability is essential for both businesses and consumers as it clarifies rights, obligations, and potential liabilities.
Product liability law is a complex domain that seeks to protect consumers from injuries or damages caused by defective or dangerous products. […]
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