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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Semi Truck Accident Claims: What You Need To Know
Semi-truck accidents are a particularly devastating and complex type of road incident that can result in catastrophic consequences for all parties involved. The size, weight, and power of these large commercial vehicles present unique challenges when it comes to road safety, accident prevention, and subsequent legal proceedings. In this article, we will delve into the various aspects of semi-truck accidents, examining the common causes, the potential severity of injuries and damages, and the legal complexities surrounding these incidents. By gaining a deeper understanding of semi-truck accidents and the factors that contribute to them, we can work together to promote safer roads and more responsible driving practices within the trucking industry.
Navigating the aftermath of a semi-truck accident can be an overwhelming and daunting experience, especially when it comes to pursuing compensation for the damages and injuries sustained. Given the unique challenges and complexities associated with any accident it is crucial to understand the intricacies of semi-truck accident claims. […]
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What Are Some Signs That You Need a Truck Accident Lawyer
Truck accidents are a prevalent and often devastating type of roadway collision that can have far-reaching consequences for all parties involved. As a result of the size, weight, and power of commercial trucks, these accidents often result in severe injuries, extensive property damage, and even fatalities. As highly valuable parts of the global transportation system, trucks play a crucial role in the movement of goods and services, yet their presence on highways and roads also poses a significant risk to public safety. Truck accidents can occur for various reasons, including driver fatigue, mechanical failures, inclement weather, and human error.
Understanding the causes, consequences, and legal implications of truck accidents is vital for both truck drivers and other motorists, as it helps promote a culture of safety and responsibility on the roads, ultimately reducing the number of tragic incidents and their impact on individuals and communities. […]
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Allentown Bus Accident Lawyer
If you were injured in a bus accident in Allentown or the greater Lehigh Valley, get the justice you deserve
An Allentown bus accident attorney is here for you whenever you are ready. Across the country, Americans rely on buses to get where they need to go. According to the American Public Transportation Association (APTA), Americans took 9.9 billion trips on public transportation last year. In fact, commuters take 34 million trips on buses, trains, and trolleys each workday. Allentown residents are no different. They travel by bus to work, school, appointments, and shopping centers every day. However, in the blink of an eye, a bus accident can change everything.
If you or someone you love suffered injuries caused by a catastrophic bus accident, Munley Law Personal Injury Attorneys is here to help. For more than six decades, our bus crash lawyers have been fighting for accident victims and their families. […]
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How to Find a Good Truck Accident Lawyer?
Truck accidents are a prevalent and often devastating type of roadway collision that can have far-reaching consequences for all parties involved. Due to the sheer size, weight, and power of commercial trucks, these accidents often result in severe injuries, extensive property damage, and even fatalities. As essential components of the global transportation system, trucks play a crucial role in the movement of goods and services, yet their presence on highways and roads also poses a significant risk to public safety. Truck accidents can occur for various reasons, including driver fatigue, mechanical failures, inclement weather, and human error. Understanding the causes, consequences, and legal implications of truck accidents is vital for both truck drivers and other motorists, as it helps promote a culture of safety and responsibility on the roads, ultimately reducing the number of tragic incidents and their impact on individuals and communities.
Navigating the aftermath of a truck accident can be an overwhelming and complex experience. […]
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How Truck Accidents Are Different Than Car Accidents?
Truck accidents are a significant concern on our roads, often leading to devastating consequences for those involved. With the immense size and weight of these commercial vehicles, collisions can result in severe injuries, extensive property damage, and even fatalities.
The consequences of motor vehicle accidents can be devastating, regardless of the vehicles involved. However, there are distinct differences between truck accidents and car accidents that warrant further examination. In this article, we will delve into the unique factors that set these two types of accidents apart, such as the size and weight of the vehicles, the potential for more severe injuries and damages, and the complexity of liability and legal issues. By understanding the disparities between truck and car accidents, we can better appreciate the challenges faced by victims and work towards implementing effective measures to enhance road safety and support those affected in their pursuit of justice and recovery. […]
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