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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Is Pennsylvania an At-Fault State?
Who Will Pay My Insurance Claim After a Car Accident in Pennsylvania?
All car accidents are, without a doubt, stressful experiences. Even once the initial shock has warn off, you still have so much to consider, including your physical, mental, and emotional recovery. There may be medical expenses and medical bills, property damage, and more. A car accident is not something anyone wants to endure.
Navigating the insurance process can be one of the most overwhelming parts of any car accident case. If you’ve never gone through the claims process before, it can be confusing; and even if you have, no two cases are alike. It’s not uncommon to start getting calls from the insurance company just a day after an accident.
One of the things that can make understanding the claims process so difficult is that it’s incredibly different from state to state. […]
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How Long Do I Have to Tell My Insurance I Was In a Car Accident?
What is the Statute of Limitations After a Car Accident?
Though they may be all too common, car accidents and the potential associated personal injury lawsuits in general, follow very specific statute of limitations and they vary depending on the state you live in.
If you or a loved one has been injured in a vehicle accident you have legitimate reasons to be confused, distracted and unsure about your state laws regarding time limits. What IS a reasonable time frame for you to open your claim? What can you expect from the claim process? What is the legal time limit for filing a personal injury claim?
If you were involved in a car accident, the car accident lawyers at Munley Law Personal Injury Attorneys can help. Contact us today for a free consultation.
When Do I Report a Car Accident to the Insurance Company? […]
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How Long Do I Have to File a Lawsuit After a Car Accident?
What Are the Statute of Limitations in a Car Accident?
In the days and weeks following a car accident, you are focused on a lot of distracting and important things such as medical visits, recovering from any injuries sustained in the auto accident, worrying about finances such as trying to repair vehicle damage, replacing a vehicle that was lost, lost wages from missing work for injury or doctor visits and more. Time can move faster than it seems. So you might be wondering: What are the statute of limitations for filing a car accident claim in Pennsylvania?
You may not know this but car accidents and personal injury lawsuits in general, follow very specific statute of limitations depending on the state you live in. The car accident lawyers Munley Law Personal Injury Attorneys explains how long you have to file a personal injury lawsuit after a car accident and what steps you need to take to meet those time constraints. […]
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Who is Responsible for a Truck Accident in Philadelphia?
Can Multiple Parties Be Responsible for a Trucking Accident?
Truck accidents involving passenger vehicles are complex, especially when it comes to determining who is responsible for the truck crash. Truck accidents require a thorough investigation to discover who is at fault. Unlike a normal car accident, there could be multiple parties responsible, such as the truck driver, trucking company, the shipping company, or the manufacturer of the vehicle.
If you or a loved one were injured in a truck accident caused by the negligent actions of a truck driver or the trucking company, know that you likely can recover compensation for any losses. An experienced truck accident lawyer at Munley Law Personal Injury Attorneys can investigate the crash and identify all defendants. Learn more about how a Philadelphia truck accident lawyer can help you recover losses for your truck accident injuries. […]
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Can a Car Accident Claim be Reopened?
Can You Reopen a Past Car Accident Claim?
The aftermath of a car accident can be an immensely stressful and overwhelming time. The financial burden of medical bills and additional damages, the mental and emotional weight of trying to get back to your regular life, the physical strain of your injuries–it’s a lot. What’s more, the process of making an insurance claim or a legal claim can feel wildly daunting. It’s very normal to feel confused by the process, and to want it to be settled and done as quickly as possible. No one wants to spend more time than they have to talking to the insurance company and navigating the claims process when they’re trying to heal.
But what happens if you do reach a settlement agreement and close your car accident claim, only to realize that, […]
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