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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Forklift Accident Lawyer
Forklift accidents can cause devastating injuries, from broken bones and crushing injuries to traumatic brain injuries. At Munley Law, we understand the complex factors involved when these accidents occur at construction sites and industrial facilities. Whether you were injured as an operator or bystander, multiple parties may be responsible, from equipment operators and site managers to contractors and manufacturers.
Our experienced team of forklift accident attorneys will investigate every aspect of your case, from equipment maintenance and operator training records to potential OSHA violations. Through thorough investigation, we identify all responsible parties and hold them accountable for their role in causing your injuries. With Munley Law on your side, you don’t have to face this challenging time alone.
Contact us today for a free consultation about your forklift accident case.
Proven Results in Forklift Accident Cases
When you choose Munley Law, you’re choosing a firm with a proven track record of success in forklift accident cases. […]
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Can a Hospital Refuse to Treat a Patient?
A hospital doesn’t always have to provide treatment to patients seeking it. As this guide will address, there are circumstances when it’s legal for a hospital to deny treatment.
However, there are also situations, typically emergencies, when the law prohibits hospitals from refusing to treat patients. If you believe you’ve been denied treatment unfairly, speak with a medical malpractice attorney to learn more about your rights. At Munley Law, our medical malpractice attorneys are committed to fighting for the compensation you deserve. Get in touch today to schedule your free consultation.
Emergency Medical Treatment Laws
The Emergency Medical Treatment and Active Labor Act (EMTALA) is a federal statute that establishes patients’ rights and the hospital’s requirements in emergencies. The law specifically establishes the following:
- An emergency medical department must provide a proper medical screening to anyone who visits the department requesting evaluation or care. […]
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York Uber Accident Lawyer
Services like Uber are convenient, but these vehicles are exposed to all the same risks as any other car on the road. In 2023, Pennsylvania reported over 1,200 rideshare-related accidents, with York County accounting for approximately 8% of these incidents. These accidents often involve complicated insurance policies, multiple liable parties, and strict reporting deadlines that can impact your ability to recover damages.
A York Uber accident lawyer at Munley Law can help protect your legal rights after a rideshare accident in Pennsylvania. With 65 years of experience representing car accident victims throughout York County, our legal team understands the complex nature of Uber accident claims and the challenges you may face when seeking financial compensation from your carrier.
Our Uber Accident Lawyer Track Record
Our firm is well-versed in car accident cases with a track record of securing multi-million dollar settlements for victims, […]
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Underinsured Motorist Coverage Pain and Suffering: Understanding Your Rights and Maximizing Your Claim
According to the Insurance Research Council, nearly 8% of Pennsylvania drivers are uninsured, putting thousands of responsible drivers at financial risk from a car accident. Thankfully, uninsured and underinsured motorist coverage includes the victim’s pain and suffering in Pennsylvania—but that’s not all you need to know.
When an uninsured driver causes a crash that leaves you injured, your uninsured or underinsured motorist coverage steps in to protect you. This protection extends beyond just medical bills and lost wages—it can provide compensation for your physical trauma, emotional distress, and reduced quality of life.
However, insurance companies often minimize or deny these claims, especially when it comes to pain and suffering damages. They may question the severity of your injuries or try to attribute them to pre-existing conditions. […]
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Bethlehem Nursing Home Abuse Lawyer
Abuse at nursing home facilities is a common issue throughout the US. If you’ve trusted a Bethlehem, Pennsylvania, nursing home to care for your loved one, it’s essential to check for signs of abuse or neglect vigilantly.
You may file a personal injury claim or lawsuit seeking compensation on your loved one’s behalf if they experience mistreatment. At Munley Law, a Bethlehem nursing home abuse lawyer is available to offer the assistance you and your loved one deserve now. Contact us today to discuss your case.
Recognizing Warning Signs in Bethlehem Facilities
When visiting your loved one, it’s important to watch for signs that they receive proper care and attention. Look for changes in their physical condition, emotional state, and living environment. Pay attention to their hygiene, nutrition, mobility, and whether they seem comfortable and well-supported by their caregivers. […]
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