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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Burn Injury Attorneys
Have you or a loved one suffered serious burn injuries?
Burn injuries are painful and can leave long-lasting physical and psychological scars. Whether it is a chemical burn from an unsafe product, a burn caused by a hazard on poorly kept property, a gas explosion, or an accidental burn at a bonfire or gathering, you may need an experienced burn injury lawyer to make sure you are compensated for your medical costs and suffering.
If you or a loved one have suffered serious burns as a result of negligence, contact Munley Law Personal Injury Attorneys today to speak with one of our experienced burn injury lawyers or call us at (855) 866-5529.
Burn Injury Facts and Figures
Burn injuries are, unfortunately, an all too common occurrence across the nation.
According to the American Burn Association, […]
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Toxic Exposure Lawyer
One of the hazards many Americans have to deal with is exposure to toxic chemicals. Toxic substance exposure can cause major health problems, such as chronic illnesses, impairments, and even death. When an accident occurs, who is responsible for your medical bills?
For 65 years, the toxic exposure lawyers at Munley Law have been helping toxic exposure clients throughout the United States. We understand the devastating consequences exposure to toxic chemicals can have on a family, and we are prepared to fight on your behalf to make sure you receive the compensation that you deserve. We are dedicated to defending the rights of our clients because we are aware of the psychological and financial toll that exposure to harmful substances can have on people and families. Our mission is to assist our clients in obtaining the damages for their injuries that they are due while also holding the guilty parties accountable. […]
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Pennsylvania Dram Shop Lawyer
Going to a bar or restaurant, you want to have a good time. And that may mean having a couple of drinks. But sometimes, people take the good times too far and become extremely intoxicated. That person may decide to get into their car to drive home. Of course, what happens next is that you get into an accident with the drunken driver. What do you do next? Who is liable for your injuries?
The dram shop lawyers at Munley Law Personal Injury Attorneys understand how difficult a situation this can be. These types of cases are never cut and dry. That’s why our team of attorneys work hard to make sure the guilty party or parties are held accountable for their actions. We make sure you get the compensation that you deserve after such an accident.
What are Dram Shop Laws? […]
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Negligent Security Lawyer
It’s a fear most of us have — become a victim of a crime and getting injured as a result. But what if your injury could have been prevented if proper security measures in place? You would probably feel angry and upset. No one deserves to be injured because of negligence. It’s time to take action with a negligent security lawyer.
When people visit a place of business or lodging, you have the right to expect a reasonable amount of safety. In fact, property owners have a duty to secure their premises and protect lawful visitors and patrons from foreseeable harm.
Most premises liability cases involve “accidents,” or unintended consequences of careless property owners. But what happens if you are the victim of an intentional act – a violent crime on someone’s property or at a place of business? […]
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Can I Work While On Workers’ Compensation in Stroudsburg?
Can I Work While Receiving Workers’ Compensation Benefits in Stroudsburg?
The Pennsylvania workers’ compensation system is meant to provide support to workers after they’ve been injured on the job. It will pay all their medical costs and provide wages while the worker recovers from their injuries. In the majority of workplace injury cases, the employee will receive workers’ comp benefits until they are ready to return to work. But not all workers’ comp cases are that straightforward. In some cases, an injured worker who has not fully recovered may go back to work to perform light duty assignments. This individual will continue to have medical bills, so workers’ compensation benefits will still be available to them.
However, is it possible to collect workers’ compensation benefits and work your normal job at the same time? The answer is, yes, under certain circumstances you can work and collect workers’ […]
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