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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Bensalem Product Liability Lawyer
Has a defective product injured you in Bensalem? Every year, faulty products like exploding pressure cookers, collapsing strollers, and malfunctioning power tools cause severe injuries to consumers. Even everyday household items can be dangerous – from space heaters that catch fire to unstable furniture that tips over unexpectedly.
Medical devices aren’t immune, either. Defective pacemakers, failed joint replacements, and faulty insulin pumps have caused severe harm to patients. Problems like faulty airbags, failing seatbelts, and defective tires have led to life-threatening vehicle accidents .
If you’ve been hurt by any defective product in Bensalem, don’t face this alone. Contact the Bensalem product liability attorneys at Munley Law for a free case evaluation. Our experienced team will help you understand your rights and fight for the compensation you deserve – whether your injury came from a faulty children’s toy, dangerous exercise equipment, […]
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What to Do If the Car Seat Is Defective
Every parent remembers that first drive home from the hospital – your newborn secured in their car seat while you drive more carefully than ever. We trust these essential safety devices with our children’s lives, which makes it all the more devastating when a car seat fails to protect our little ones due to a manufacturing defect. As a parent, few things are more frightening than discovering your child’s car seat – the very device meant to keep them safe – may have put them at risk of serious injury or worse.
While no parent wants to imagine their child being harmed by a defective car seat, understanding how to respond and knowing your rights isn’t just important – it could be crucial for protecting your child and other families using the same model. If your child has been injured due to a faulty car seat, you don’t have to navigate this difficult situation alone. […]
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Lancaster Lyft Accident Lawyer
Rideshare crashes can and do happen in Lancaster, Pennsylvania. Although scheduling a ride with Lyft may be a safe option for getting from point A to point B, it’s important to be prepared in the event of a crash. You may be eligible for compensation via the rideshare company or another such party if you’re hurt in a Lancaster Lyft accident resulting from negligence.
Learn more by discussing your case with attorney with experience handling Lyft accident cases. At Munley Law, an accident attorney can review your case, discuss legal options, and provide representation to fight for the compensation that’s recoverable. Learn more about how we can help after a Lyft accident in Lancaster by contacting us today for a free consultation.
Understanding Lyft Accidents in Lancaster, PA
Statistics on Lyft and rideshare accidents in Pennsylvania are currently unavailable. Although these services have existed for over a decade now, […]
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Lancaster Uber Accident Lawyer
The path forward isn’t always clear when you’re hurt in an Uber accident in Lancaster. As an injured passenger, you may be dealing with medical bills, missed work, and the stress of recovery – all while trying to figure out who’s responsible for your injuries. At Munley Law, we’ve helped many Uber accident victims understand their rights and get the compensation they deserve, whether your Uber driver, another vehicle, or unsafe road conditions caused the accident. If you’re recovering from an Uber-related injury, let us handle your case while you focus on healing.
Understanding Uber Accidents in Lancaster, PA
As rideshare services like Uber become increasingly popular, the frequency of Uber accidents has risen — raising significant safety concerns. According to Uber’s U.S. Safety Report, Uber-related motor vehicle fatalities peaked at 153 in the 2021-2022 reporting period. Fatalities aside, related data shows that rideshare vehicles are involved in numerous traffic collisions, […]
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Lancaster Product Liability Lawyer
When a defective product causes injury in Lancaster, you need answers and action. At Munley Law, our attorneys identify who’s responsible – from the manufacturer to the store that sold it – and pursue maximum compensation for your injuries. If a product has harmed you or a family member, call our Lancaster product liability attorneys for a free case review. We handle injury cases involving consumer products, medical devices, and more.
Understanding Product Liability in Lancaster, PA
Product liability refers to the legal responsibility of manufacturers, distributors, and retailers for injuries caused by flawed products. In Lancaster, this area of law protects consumers who are harmed by unsafe products. There are three main types of product defects: design defects, manufacturing defects, and marketing defects.
Design Defects
Design defects occur when a product is inherently unsafe because of how it was designed. […]
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