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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Bethlehem Wrongful Death Lawyer
A Bethlehem wrongful death lawyer can help families seek compensation when negligence leads to the death of a loved one. At Munley Law Personal Injury Attorneys, our legal team combines over 60 years of experience with a proven track record of successful verdicts and settlements in the Lehigh Valley. We handle all aspects of wrongful death claims – from investigating the circumstances and determining liability to negotiating with insurance companies and proceeding to trial when necessary. While we aggressively pursue maximum compensation, we also provide compassionate guidance to help your family through this difficult process.
Contact us for a free consultation to discuss your wrongful death claim and learn how we can help protect your family’s future.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a type of action brought by the survivors or estate of a deceased person against the party or parties responsible for that person’s death. […]
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Pittsburgh Truck Accident Lawyer
When an 80,000-pound commercial truck crashes into your car on Pittsburgh’s busy highways, your life can change in seconds. At Munley Law, we’ve guided hundreds of truck accident victims in Allegheny County through the aftermath of these devastating crashes since 1959, securing multi-million dollar verdicts against negligent trucking companies. Our Pittsburgh truck accident lawyers aren’t just personal injury attorneys – we’re recognized national leaders in truck litigation. We’ve fought and won cases against every major trucking company in America, served on the boards of national trucking safety organizations, and helped shape the laws that protect Pennsylvania drivers from dangerous trucking practices.
While other law firms occasionally handle truck accidents, it’s our specialty. We understand the complex federal regulations governing the trucking industry, know how to prevent evidence spoliation within the critical 72-hour window after a crash and have a nationwide network of accident reconstructionists and industry experts ready to investigate your case. […]
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Two Pedestrians Killed After Being Hit By Vehicle in Montgomery County, PA
Two pedestrians were killed, and one was injured after being hit by a vehicle in Montgomery County on December 31.
According to news reports, the accident occurred near the intersection of Butler Pike and Skippack Pike in Whitpain Township around 6:30 p.m. The three women were taken to Abington Hospital in Horsham. Two of the pedestrians had died while the third was being treated for injuries.
Police say the driver remained at the scene of the accident. The crash is currently under investigation.
Fatal Pedestrian Accidents in Philadelphia
Philadelphia’s urban landscape presents significant risks for pedestrians. According to the Pennsylvania Department of Transportation, pedestrian-related accidents represent almost 3 percent of the total reported traffic crashes in the Commonwealth but account for more than 15 percent of all traffic crash fatalities. In 2023, there were 56 pedestrian fatalities in Philadelphia, […]
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Man Died in Car Crash in Bradford County
One person died following a car crash in Bradford County, PA, on December 27. According to news reports, the 18-year-old was traveling north on Robinson Road in Wilmot Township near Wyalusing when he drove off the roadway and struck a tree. The driver was taken to the hospital, where he was later pronounced dead.
Police are investigating the cause of the accident.
Car Accidents in Bradford County, PA
Bradford County, PA, sees numerous car accidents yearly due to its mix of rural roadways and challenging weather conditions. The county’s road network includes US Route 220, US Route 6, and various state routes that wind through its rural and mountainous terrain. According to the Pennsylvania Department of Transportation, although the number of car accidents in the county went down in 2023 to 457, the number of car accident fatalities did increase to 13 — […]
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Chemical Plant Explosion Lawyer
Chemical plant explosions can cause catastrophic damage to victims and their families. Whether the explosion was caused by human error, safety violations, or equipment failure, the results are the same – serious and even fatal injuries, leaving families with emotional, physical, and financial challenges.
If you have been injured or a loved one was tragically killed in a chemical plant fire or explosion, Munley Law chemical plant explosion lawyers can help identify your legal options and fight for maximum compensation.
Immediate Steps After a Chemical Plant Explosion
Life in the aftermath of a chemical plant explosion can be chaos as you deal with traumatic physical and mental injuries. It can be hard while you are still reeling from the experience to think clearly, but protecting yourself legally and financially requires a few steps.
Seek Medical Attention
The most important thing is to get medical treatment. […]
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