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.
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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How Long After a Car Accident Can You Sue in Pennsylvania?
In Pennsylvania, you generally have two years to file a lawsuit if you’re involved in a car accident and considering seeking damages. This means that after two years, you may lose the right to sue for your car accident case, so acting
within this period is essential to make sure your case is heard.
At Munley Law Personal Injury Attorneys, we specialize in personal injury cases, including those resulting from car accidents. Our seasoned car accident attorneys are adept at handling these tough cases and work hard to get you the compensation and justice you deserve.
Munley Law provides comprehensive support, guiding you through every step of the legal process to make it more understandable and less overwhelming. Our expertise and dedication help accident victims confidently face the legal system, ensuring their rights are protected, and their voices are heard.
What Is the Statute of Limitations on Car Accident Lawsuits in Pennsylvania? […]
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How Long Do I Have to Sue a Hospital?
Millions of people entrust their health and safety to medical professionals daily, believing they are in good hands. This trust is a testament to the high standard of care that hospitals are expected to uphold. However, there are instances when this trust is
broken, and healthcare providers fail to meet this standard, leading to medical errors that harm patients. This is what we refer to as medical malpractice.
Medical malpractice occurs when a healthcare provider’s action or inaction deviates from the accepted standard of care, directly harming a patient. Examples of medical malpractice include misdiagnosis, birth injuries, and wrongful death. These errors can have severe consequences, damaging the trust in doctor-patient relationships and causing significant harm.
If you have been a victim of medical malpractice, understand that you cannot take legal action at any time. Specific time limits, […]
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How Long Does it Take to Receive My Personal Injury Settlement?
If you or a loved one have been injured due to someone else’s negligence, you know how overwhelming an accident’s
aftermath can be. Managing medical appointments, financial losses, and daily tasks can be exhausting. Maintaining financial stability for your family may seem impossible, and you are wondering when a settlement is reached, how long it will take to get paid? Compared to the time it takes to settle a claim, the wait for payment is usually short. Once your claim settles, you can receive the money within a few weeks.
At Munley Law, we understand the financial burdens you are facing. Our personal injury lawyers will work hard to make sure you receive your settlement check in a timely fashion. Contact our personal injury law firm today to schedule a free consultation.
Steps Involved in Receiving a Personal Injury Settlement
A formal settlement agreement is created once both parties agree on a settlement. […]
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How Much Is a Back Injury Worth in an Accident?
Dealing with the aftermath of a back injury from an accident on the road, during your commute, or at work can be challenging. It’s difficult to estimate the cost of your recovery and future care. An experienced personal injury lawyer can help. They will assess your situation, gather the necessary documents, like medical bills and lost wages, and consider your pain and suffering. They will then determine a fair value for your personal injury claim. 
Munley Law Personal Injury Attorneys has over sixty-five years of experience with back injury accident claims. We have the resources to help our clients file a claim and receive maximum compensation. Contact one of our skilled attorneys at Munley Law Personal Injury Attorneys today for a free case evaluation.
How Much Is the Average Settlement for a Back Injury?
The Occupational Safety and Health Administration (OSHA) reports back injury claims to average between $40,000 and $80,000. […]
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How Long Does an Insurance Company Have to Settle a Car Accident Claim in PA?
Under the law, your insurance company has a time limit of 15 days to notify you if your claim has been accepted or
rejected upon filing. The average time to respond is usually within a few days. However, your insurance provider can request additional investigation time if you have questions regarding your claim or submitted incomplete insurance forms.
Insurance coverage can quickly become a mess when understanding what’s covered and what’s not. With the help of a Pennsylvania car accident lawyer from Munley Law, you can rest easy knowing your legal claim is handled with the care and dedication it requires.
How Do Car Accident Settlements Work?
You must take a few steps to begin a car accident settlement in Pennsylvania. The first is to seek medical treatment following your accident. You’ll also need to file a police report if officers were not called to the accident scene and submit the accident to your insurance provider. […]
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