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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What If I am Partly to Blame for the Truck Accident?
Can I Still Receive Compensation if I’m Partially At Fault for a Truck Crash?
If you’ve been involved in a truck accident in Pennsylvania, you may be wondering what your legal options are. One important question that may be on your mind is whether you can still pursue a personal injury claim if you are partly to blame for the accident.
The answer is yes, you can still pursue a claim even if you are found to be partly at fault for the accident. If you have been involved in a truck accident in Pennsylvania and you are partly to blame, it does not mean you cannot pursue a claim. But it is important to speak with an experienced truck accident lawyer at Munley Law to learn what your options are and what compensation you could receive.
What is Comparative and Contributory Negligence? […]
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How to File a Truck Accident Lawsuit
Every time we get in our car, whether we’re going to work, to pick up the kids, to dinner, or anything in between, we expect to arrive safely at our destination. Most of the time, this is exactly what happens. But the devastating truth is that car accidents are a very real risk any time you’re on the road.
While all accidents are terrifying, accidents involving trucks and other commercial motor vehicles are particularly dangerous. A truck accident is likely to cause far more damage and more serious injuries than most other kinds of motor vehicle accidents, given the size and weight of something like a semi-truck. It’s not uncommon for victims to endure something as serious as a traumatic brain injury.
Accidents involving large trucks can be life-changing events for all those involved, and in most cases, the inhabitants of passenger vehicles are the ones who bear the brunt of the damage. […]
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Philadelphia Dog Bite Lawyer
Dog Bite Accident Lawyer in Philadelphia
Being the victim of a dog bite is undoubtedly a terrifying and stressful experience. A Philadelphia dog bite lawyer at Munley Law Personal Injury Attorneys can help.
Many Americans have furry companions; in fact, nearly one third of American homes include a canine family member. But dogs are still animals, and the risk of a bite is always present. A CDC (Center for Disease Control) study estimates that about than 4.7 million dog bites take place in the US each year. Of these, approximately 800,000 require or result in medical care. These are some staggering statistics, and yet, many Americans don’t realize that dog bite victims are eligible for compensation just the same as car accident victims.
When a dog bite accident case goes unreported, the victim waives their ability to claim any kind of monetary compensation for their pain, […]
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How Does an Insurance Company Decide Who Was at Fault for a Scranton Car Accident?
Who Determines Who is At Fault After a Car Accident?
Imagine you are pulling out of a driveway, with your view partially obscured by a snowbank. As you do, another car comes around the corner and hits you. Who’s at fault for the car accident?
The answer may not always be that easy to determine–but answering it may be crucial in deciding who is ultimately responsible for paying for medical expenses and vehicle damage. Answering the question of who is at fault for auto accidents can also change depending on who is answering it, the traffic laws applicable to the situation, or the state in which the auto accident occurs. It can get even more complicated when multiple vehicles are involved.
While police and insurance companies may weigh in with their own assessment of who is at fault in car accidents, […]
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Philadelphia Semi-Truck Accident Lawyer
Get the Justice You Deserve Following a Semi-Truck Accident in Philadelphia
If you or a loved one has been involved in a semi-truck accident in the Philadelphia area, it’s important to understand your legal rights and options. These types of accidents can be complex, and you need an experienced Philadelphia semi-truck accident lawyer on your side to help you navigate the legal process and fight for the compensation you deserve.
Trucking accidents in Philadelphia are a serious issue, with a significant number of fatalities and injuries occurring annually. If you or a loved one are truck accident victims, it is important to speak with a Philadelphia truck accident attorney to ensure your rights are protected and you are able to recover the maximum compensation you are entitled to receive.
How Dangerous Our Semi-Truck Accidents in Philadelphia?
Philadelphia is a major transportation hub, […]
