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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Philadelphia Motorcycle Accident Lawyer
A Philadelphia motorcycle accident lawyer at Munley Law knows that collisions between motorcycles and larger vehicles often result in catastrophic injuries for riders. With only clothing and perhaps a helmet for protection, motorcyclists are completely vulnerable to the full force of impact in a crash involving cars, SUVs, or commercial vehicles.
The aftermath of an accident brings unique legal challenges. Without experienced legal representation, insurance companies may exploit these complexities, pressuring injured riders to accept settlements before seeking independent legal advice.
For 65 years, the motorcycle accident attorneys at Munley Law have successfully fought for riders’ rights. Our deep understanding of Pennsylvania traffic laws and insurance practices has helped us secure substantial client settlements and awards. Our professionalism is recognized by peers and many of our partners hold board certification from the National Board of Trial Advocacy.
Don’t let insurance companies undervalue your claim. […]
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Bensalem Workers’ Compensation Lawyer
A Bensalem workers compensation lawyer from Munley Law can guide you through securing the benefits you deserve after a workplace injury. Getting hurt on the job can leave you worried about medical bills and lost wages while navigating Pennsylvania’s complicated workers’ compensation system. Our experienced attorneys have helped countless injured workers successfully obtain their rightful benefits. We understand how insurance companies and employers may try to minimize or deny valid claims. You need a skilled workers comp attorney in Bensalem who knows the law and will fight to protect your rights.
At Munley Law, we handle every aspect of your workers’ compensation case, from filing the initial claim to appealing denials if necessary. Contact us today to learn how our proven track record of success can work for you.
The Workers’ Compensation Claim Process in Bensalem, PA
Pennsylvania workers’ […]
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Pittsburgh Drowsy Driving Accident Lawyer
Falling asleep at the wheel can result in catastrophic accidents, leading to severe injuries or even fatalities. When someone is sleepy behind the wheel, their brain power, reflexes, and decision-making skills are impaired, just like when they’ve had a few too many drinks.
Our experienced team of Pittsburgh drowsy driver accident attorneys understands the devastating consequences of drowsy driving and is committed to fighting for your rights. Munley Law has a proven track record of successfully handling drowsy driving cases, holding negligent drivers accountable, and securing maximum compensation for our clients. With our knowledge of the Pittsburgh, PA, laws and regulations surrounding drowsy driving accidents, we are equipped to navigate the complexities of your case. Your well-being is the priority, and we will provide personalized attention, guiding you through the legal process while ensuring your voice is heard.
If you or your loved one has been involved in a Pittsburgh drowsy driving accident, […]
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Woman Killed in Car Accident Near Somerset, PA
A 37-year-old woman lost her life in a two-vehicle collision on Glades Pike in Somerset County, according to Pennsylvania State Police.
News reports state the woman was traveling eastbound on Route 31 when the crash occurred at approximately 7 a.m. on December 20 near the intersection of Pike School and Ringler roads in Brothersvalley Township.
Investigators report that the woman’s vehicle failed to navigate a right-hand curve, crossing into oncoming traffic in the westbound lane. Her vehicle collided head-on with a westbound vehicle. Following impact, both vehicles continued briefly in their respective directions before coming to a stop.
State Police confirmed that the driver died from injuries sustained in the crash. The condition of the other driver was not included in the initial police report.
The accident remains under investigation by the Somerset barracks of the Pennsylvania State Police.
What to Do After Losing Control of A Vehicle
We’ve all experienced that heart-stopping moment when our car starts to feel like it has a mind of its own. […]
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Two Injured Following a Head-On Crash in Northampton County
Two people suffered severe injuries after a head-on car accident in Stockertown, Northampton County, on December 22. According to news reports, the two-vehicle crash occurred on Route 33 near mile marker 9.7 around 7 a.m. Pennsylvania State Police say one car was traveling south in the northbound lane of Route 33 when it struck another car heading north.
Officials say both drivers were taken to St. Luke’s Hospitals with suspected serious injuries. It’s unknown at this time when the car was traveling the wrong way on Route 33.
Why Are There So Many Wrong Way Accidents in PA?
The car accident in Northampton County is one of many wrong way accidents to occur in the last few weeks around Pennsylvania. Unfortunately, wrong way car crashes have been rising in the past 10 years. According to a recent study by the AAA Foundation for Traffic Safety, […]
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