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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How Long Does It Take to Receive a Offer of Compensation?
Does it Take a Long Time to Receive a Fair Settlement Agreement?
After an accident, you may have a million things running through your mind. At the top of the list might be how you are going to recover from your injuries, including who is going to pay for medical bills, take care of you, and more. And how long does it take to receive compensation.
To ensure you receive fair compensation in any kind of personal injury claim or personal injury lawsuit, you want to make sure you have an experienced injury lawyer by your side. At Munley Law Personal Injury Attorneys, our personal injury lawyers have been fighting on behalf of victims for more than 60 years. Our team of lawyers have received settlement funds in the millions for our clients. We will use our skills to negotiate with insurance company to ensure you receive a fair offer of compensation so you can recover from your injuries. […]
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What to Do After Getting Into an Accident With a Distracted Driver?
Take the necessary steps to ensure that that the responsible party is held accountable
Distracted driving accidents are rampant. Many people do not understand that driving on the road requires your full attention. There are a host of different scenarios that can qualify distracted driving, from texting or checking emails to doing makeup or drinking coffee. If you are a victim of a distracted driving accident, you must hire a distracted driving accident attorney that can successfully establish that the distracted driver was at fault and that the accident wasn’t caused by another factor beyond the driver’s control.
The Pennsylvania car accident lawyers at Munley Law Personal Injury Attorneys have over six decades of experience in successful compensation of distracted driving accident cases. If you or a loved one has been involved in a car accident with a distracted driver, […]
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Philadelphia Distracted Driving Accident Lawyer
A Philadelphia Distracted Driving Accident Attorney is Here to Help
Distracted driving is a growing problem throughout Pennsylvania, especially for inexperienced drivers. The increase in use of cell phones and new technology in vehicles is increasing distracted driving more than ever before. Getting into an accident with a distracted driver in Philadelphia can result in hundreds of thousands of dollars in medical bills, property damage, and lost income. You could be facing a long road to recovery and will need the expertise of a Philadelphia distracted driving accident lawyer to help you with your claim.
If you or someone you love has been injured in a Philadelphia distracted driving accident, our experienced distracted driving accident attorneys are ready to fight for you today. Let the Philadelphia car accident lawyers at Munley Law Personal Injury Attorneys pursue your personal injury claim so you can focus on healing both physically and emotionally. […]
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What Are the Most Common Causes of TBI?
What Types of Accidents Cause a Traumatic Brain Injury?
Traumatic brain injuries often occur after a hard blow to the head, whether from falling, getting into a car crash, or being involved in an accident. These types of injuries can be life changing physically, emotionally, and financially.
If you or someone you loved has suffered from a traumatic brain injury due to someone else’s negligence, speak to a lawyer today. The traumatic brain injury lawyers at Munley Law Personal Injury Attorneys have decades of experience ensuring injury victims get the justice they deserve. Contact us today for a free consultation.
How Common Are Traumatic Brain Injuries?
A traumatic brain injury (TBI) is different from a head injury in that it can cause serious complications, even if it is mild and not life-threatening. […]
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Philadelphia Head-On Collision Lawyer
A head-on collision is one of the most destructive types of car accidents you can experience in your life time. From physical injuries to mental anguish, a car accident can be a life-altering experience. If you or a loved one has been injured in a head-on collision, or if you have lost a loved one due to injuries sustained during a head on motor vehicle crash, a Philadelphia head-on collision lawyer is here to help.
At Munley Law Personal Injury Attorneys, our Philadelphia car accident lawyers have been helping accident victims for more than 60 years. Contact us today for a free consultation.
Philadelphia is home to some of our state’s most famous and popular landmarks and destinations. A busy hub for industry, home to one of America’s oldest shipping centers, The Port of Philadelphia, which is the heart for some of the east coast’s busiest maritime commerce. […]
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