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 Commercial Truck Accident Lawyer
If You’ve Suffered An Injury After a Truck Accident, You Need an Experienced Truck Accident Lawyer On Your Side
If you or a loved one was injured by a truck driver’s negligence, you need an experienced Philadelphia truck accident lawyer at your side. For more than 60 years, the truck accident attorneys at Munley Law Personal Injury Attorneys have fought for families and individuals who have been injured in motor vehicle crashes or other accidents involving commercial vehicles.
As just one example, in 2018, Marion Munley, Caroline Munley, and Bob Munley reached an $8 million settlement in a wrongful death case involving a truck crash. Our experienced personal injury legal team has successfully resolved many personal injury cases just like this one. Together, we can work to recover money to compensate you for all the injuries you suffered in a trucking accident. […]
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Philadelphia Taxi Accident Lawyer
Injured in a Taxi in Philadelphia? We Can Help.
Whether you’re taking a taxi to go out with friends, to avoid trying to find parking near a busy restaurant, or heading to the airport, you expect an experienced taxi driver will get you there safely. However, taxi drivers can also be overly confident they know how to drive in a familiar city and may rush while trying to maximize their time and the fare.
We know a lot of Philly residents rely on public transportation such as taxis to get from point A to point B.
If you were injured as a passenger in a taxi cab, our Philadelphia auto accident lawyers are here to help you recover.
Getting into an accident in cab can be a stressful experience. You have no control over the vehicle or the driver, […]
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Pittsburgh Spinal Cord Injury Lawyer
Get the Compensation You Deserve After a Spinal Cord Injury
Next to your brain, your spinal cord is one of the most essential parts of your overall body function. Any injury to the spinal cord can be catastrophic, affecting your ability to interact with the world and live independently. As a victim of a spinal cord injury, you may be dealing with anything from daily pain to permanent disability.
If you have suffered from a spinal cord injury due to the negligence of another person, you need an experienced attorney on your side. At Munley Law, our Pittsburgh personal injury attorneys have experience in complex personal injury litigation. We can work with you to demand the justice you are owed for your injuries, obtaining the compensation you need to recover.
Reach out to Munley Law right away to discuss your spinal injury case. […]
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Pittsburgh Texting While Driving Accident Lawyer
Texting behind the wheel makes you 23 times more likely to get into a crash. According to the Virginia Tech Transportation Institute, you are six times more likely to be in a motor vehicle crash while driving if you’re texting versus if you were intoxicated. Still, people all over the city of Pittsburgh use their phones while driving every day, and innocent people get hurt. If you were injured in a car accident in western Pennsylvania caused by someone who was texting and driving, a Pittsburgh texting and driving accident lawyer at Munley Law can help make things right. We represent drivers, passengers, pedestrians, motorcycle riders, and bicyclists who have been injured in Pittsburgh and Allegheny County by distracted drivers.
Contact a Pittsburgh car accident lawyer at Munley Law Personal Injury Attorneys today for a free consultation. We will listen to you, […]
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What is Road Rage?
Is Road Rage Dangerous?
Emotions get the best of all of us at times, but when driving on the road, we have a responsibility to use good judgement, composure, and respect amongst fellow drivers and pedestrians. It is tempting to get angry or upset when someone clearly cuts you off or abruptly changes lanes without signaling, and that same anger can tempt you to start raging at someone and practicing reckless driving. Giving into your emotions in the heat of the moment can intensify the danger of an already precarious situation; often termed as “road rage,” aggressive retaliation on the road can trigger a series of dangerous, and even deadly, consequences. With all of this in mind, there are safe practices to manage your frustration and to be on the alert for when sharing the road with aggressive drivers.
If you were involved in a car accident with a driver suffering from road rage, […]
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