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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Product Liability Lawyer
If you or a loved one were hurt due to a dangerous or defective product, call a product liability lawyer at Munley Law.
For 65 years, Munley Law has represented victims in their most complex personal injury claims. Our experienced product liability lawyers have been named among the Best Lawyers in America, selected to Pennsylvania Super Lawyers, and are board-certified by the National Board of Trial Advocacy. Partners Marion Munley and Daniel Munley have both been named as Lawyers of the Year for Product Liability, and all our partners have the highest ratings from Martindale-Hubbell.
As one of the best personal injury law firms in the nation, we front all case costs and work with top engineers, product specialists, and medical experts to prove the defect and pursue the maximum compensation available. Over the last 6 decades, we have achieved over $1 billion in settlements and verdicts for personal injury victims across the United States. […]
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Cancer Misdiagnosis Lawyer
If you or a family member have suffered because of a doctor’s incorrect or missed diagnosis of cancer, a cancer misdiagnosis lawyer at Munley Law Personal Injury Attorneys can help. Our medical malpractice lawyers have recovered millions of dollars on behalf of individuals and families who have suffered due to medical negligence, including settlements of $5 million, $4.35 million, $3.5 million, and $3.2 million. With over 250 years of combined legal experience and a firm that has been handling personal injury claims since 1959, we bring deep knowledge and proven results to every case.
One of our partners has been named Lawyer of the Year for Medical Malpractice Law, and another has been recognized among the Top 25 Medical Malpractice Trial Lawyers in Pennsylvania. We have also consistently been named among the Best Lawyers in America, and have earned the highest client satisfaction ratings possible. […]
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Aviation Accident Lawyers
If you or a loved one has been affected by an aviation incident, consulting with an aviation accident lawyer can make a difference in the outcome of your case and your ability to focus on recovery during a difficult time.
The aviation accident lawyers at Munley Law understand the unique challenges presented by aviation cases, from determining liability among multiple potential parties to navigating the specialized evidence needed to build a strong claim. We work with accident investigators, aviation experts, and medical specialists to establish causation and document the full extent of damages. We have over 250 years of combined experience, and our firm has won multi-million dollar settlements, such as $32.25 million for a tragic airplane crash, as well as numerous industry awards and ratings from organizations such as Best Lawyers, Super Lawyers, Lawdragon, and Martindale-Hubbell.
We’ll take on the commercial airlines, airplane manufacturers, […]
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Birth Injury Lawyers
A child’s birth should be a cause for celebration. But when negligent medical professionals cause your child to experience fetal distress, oxygen deprivation, or physical trauma, you have a right to take legal action. The long-term costs for medical care for your child, along with the emotional trauma you’ve had to endure, can be a burden too significant to handle on your own. At Munley Law, we fight for the injured children and their families who suffered from a birth injury. Let our birth injury attorneys help you get the financial compensation you need for your baby.
What is a Birth Injury?
According to the National Library of Medicine, a birth injury is any damage to the newborn’s body due to an adverse event that occurred at birth. Birth injuries can occur at any point in the birthing process or during pregnancy. […]
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Wrongful Death Attorneys
No amount of money can compensate for the loss of a loved one. But Munley Law’s wrongful death attorneys help ease the financial burden and bring a sense of closure by pursuing a wrongful death claim. When an accident or act of negligence causes a wrongful death, the liable party should be held accountable.
Munley Law has helped hundreds of families obtain justice. For 65 years, our wrongful death lawyers have fought for families and individuals who have lost a family member due to someone else’s wrongful action. Our firm’s attorneys have a combined experience of over 250 years, and we’ve secured dozens of multi-million dollar recoveries in wrongful death cases, including $32.25 million, $17.5 million, and $8 million. Partners at our firm have been named Lawyer of the Year five times by Best Lawyers, and Munley Law has been included on their list of Best Firms in America. […]
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