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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Should I Hire a Truck Accident Lawyer for a Minor Accident?
In the aftermath of an accident, victims often find themselves overwhelmed by the physical, emotional, and financial challenges they face. Amidst the chaos of managing medical treatments, dealing with insurance companies, and trying to regain a sense of normalcy, hiring an accident lawyer can be a vital step in safeguarding one’s legal rights and securing fair compensation. An experienced accident lawyer can provide much-needed guidance, expertise, and support during this difficult time, helping victims navigate the complexities of the legal system and advocating on their behalf. In this article, we will explore the reasons for hiring an accident lawyer, the benefits they provide, and the factors to consider when selecting the right attorney to represent your interests in the pursuit of justice and compensation.
Even in cases of minor truck accidents, the potential for physical injuries, property damage, and emotional distress can be significant. As victims navigate the complexities of insurance claims and potential disputes, […]
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Hazleton Rideshare Accident Lawyer
Rideshare Accidents Are Common – Do You Know What to Do?
Rideshare apps seem to multiply by the day. Be it Uber, Lyft, or one of the smaller rideshare apps on the market today, many, maybe even most, people use these apps to get around. Of course, when you enter a rideshare vehicle, you expect your driver to take you to your destination–be it in Hazleton or outside of it–safely.
The Hazleton rideshare accident lawyers at Munley Law know how to get you the compensation you need to recover from your injuries. For over 60 years, car wreck victims in the Hazleton area have come to Munley Law, where our team of accident attorneys consistently ranks among the Best Lawyers in America. We have earned the highest possible client satisfaction rankings and are board certified by the National Board of Trial Advocacy. If you get into a car accident with a rideshare driver, […]
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Hazleton Medical Malpractice Lawyer
If you need a medical malpractice lawyer in Hazleton, Munley Law Personal Injury Attorneys is here for you.
We trust doctors, nurses, and other healthcare providers with our lives and the lives of our loved ones, and expect that a trip to the hospital will make us better, not worse. Unfortunately, medical malpractice is the third leading cause of death in the United States. Healthcare professionals make careless mistakes that severely injure patients every single day. These errors can have grave consequences. Victims often suffer infections, require additional procedures and surgeries, lose their ability to work, incur expensive hospital bills, and sometimes even die because of their medical providers’ malpractice.
At Munley Law Personal Injury Attorneys, we understand the pain and uncertainty surrounding a catastrophic injury caused by a doctor’s negligent mistakes. That’s why our Medical Malpractice Team has spent more than 60 years fighting for victims and their families. […]
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Hazleton Brain Injury Lawyer
After a traumatic brain injury (TBI), you need legal advice you can trust. We can help you get the compensation you deserve. Call our injury attorneys for a free consultation today.
Brain trauma can come with extensive medical costs and a significant recovery time. You may be unable to work, or participate in the activities you used to enjoy. You may need physical or psychological therapy. If your brain injury was the result of a serious accident, crash, or preventable fall, you have the right to seek compensation from the negligent party. We can help.
If you or a loved one has been diagnosed with a traumatic brain injury as a result of an accident in Hazleton, our attorneys can help you recover just compensation. Our firm has been serving local Pennsylvania residents since 1959, and we are committed to helping individuals and families in their times of need. […]
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Why is My Accident Settlement Taking So Long?
Accident settlements play a crucial role in the aftermath of a collision, providing much-needed financial relief to the injured parties and helping them move forward with their lives. These accident settlements, typically negotiated between the parties involved and their insurance companies, can cover accident expenses such as medical bills, lost wages, property damage, and emotional distress
Accident settlements are often viewed as the light at the end of the tunnel for those who have experienced a collision, providing financial compensation and a sense of closure. However, the process of reaching a settlement can be lengthy and frustrating, leaving many accident victims wondering why it’s taking so long to resolve their accident case.
The following will delve into the various factors that contribute to the duration of the accident settlement process, such as the complexity of the case, the need for thorough investigations, […]
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