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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Can I Sue for Being Hit by a Semi Truck?
What to Do After Semi Truck Accident?
If you were hit by a semi truck, you may wonder if you can sue. The reality is that it depends on the circumstances of the collision. If you suffered serious injuries as a result, you may be able to seek legal action via a civil lawsuit. In this case, a personal injury claim will be your next move.
As truck accident victims, those involved in collisions with truck drivers should not have to shoulder the cost of medical expenses, lost wages, and future medical care. If you’re asking yourself “Can I sue for being hit by a semi truck?”, call the semi truck accident lawyers at Munley Law Personal Injury Attorneys today to schedule a free consultation.
Who Can Be Held Liable in a Semi Truck Accident?
Depending on the circumstances surrounding your truck accident case will help your truck accident lawyer and the insurance companies establish negligence. […]
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UHaul Truck Accident Lawyer
If You Were Hurt in a Truck Accident, Contact a U-Haul Truck Accident Lawyer Today
U-Haul trucks are convenient for anyone needing to move or haul furniture or other large items that don’t fit into smaller vehicles. It is a cost-effective way to use a truck without needing to purchase one. Unfortunately, many people who drive U-Haul trucks are not experienced in driving large vehicles and may cause a truck accident that injures other drivers, motorcyclists, and pedestrians. Sometimes, the companies that rent out U-Haul trucks do not properly maintain the trucks. This can lead to crashes that may injure others and the driver and passengers in the U-Haul truck.
If you or a loved one were injured in a U-Haul truck accident, or if a family member was killed, contact an experienced truck accident lawyer at Munley Law Personal Injury Attorneys for a free, […]
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Questions to Ask a Truck Accident Lawyer
When you’ve been involved in an accident with a tractor trailer, you’ll be asking yourself many questions. How can I afford to get my car fixed? How long will I be out of work to recover? Who will pay for my medical bills? These are all common questions that are difficult to answer on your own as many times, it comes down to the specific nature of your truck accident, and the severity of your injuries.
If you’ve been hurt in a truck accident and are wondering what your next steps are, here are some questions to ask a truck accident lawyer.
Q. Can You Prove Who Was Responsible For The Truck Accident?
If it was difficult to prove negligence at the scene of the accident, it will be up to a truck accident lawyer to conduct a thorough investigation in tangent with the insurance companies. […]
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What Causes Most Truck Accidents in Pennsylvania?
How Can a Truck Accident Lawyer Help With My Trucking Accident Case?
The Commonwealth of Pennsylvania is a major trucking route hub, seeing thousands of trucks on its roads per year. With an increase in truck traffic comes an increased risk of truck accidents. If you get into a truck accident, it’s important to understand what caused the crash. You’ll need the help of an experienced Pennsylvania truck accident lawyer at Munley Law Personal Injury Attorneys.
Munley Law Personal Injury Attorneys is a nationally recognized personal injury firm with a unique focus on truck accidents nationwide. Daniel and Marion Munley, two of the firm’s partners, have received accolades from their peers and legal organizations for their truck accident verdicts and settlements — for example, our truck accident lawyers have secured one of the largest settlements for an individual plaintiff in Northeastern Pennsylvania for a truck accident case. […]
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Does Driver Fatigue Cause Truck Accidents?
One of the most common causes of truck accidents is truck driver fatigue
Commercial truck drivers have a hard job. Navigating busy highways, unfamiliar routes, roads and cities with constantly changing driving conditions, ever-changing weather and road conditions, unclear road construction signs, shifting traffic patterns all have to be managed with great care. There is also the pressure from the trucking company to deliver a load on a tight deadline.
Traffic jams, construction delays and unreasonable deadlines can cause some truck drivers to skip legally mandated breaks. These regulations are put in place so truck drivers do not become fatigued and increase the risk of an accident occurring. If driver fatigue caused truck accident, do you know what to do next?
Our experienced truck accident lawyer at Munley Law Personal Injury Attorneys knows all too well how dangerous fatigued driving can be. […]
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