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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Casino Injury Lawyer
A trip to popular casino resorts across the United States can be tons of fun. Whether you’re visiting Las Vegas, Atlantic City, or one of the many tribal or commercial casinos nationwide, you’ll find everything from gambling and fine dining to cocktails, spa services, and world-class entertainment, what more could you need? Casinos are essentially playgrounds for adults, but like any recreational venue, accidents can happen. If you’re injured in a casino accident, you may have a valid personal injury claim and be entitled to financial compensation. Casino operators have a legal duty to maintain safe premises for their guests. Find out if you have a claim today by consulting with an experienced Casino injury attorney at Munley Law.
Steps to Take After a Casino Injury
When an injury or accident happens, you might immediately feel embarrassed and try to downplay the incident. However, […]
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The At Fault Driver Wants to Pay Out of Pocket. Should I Accept?
Medical bills. Repair costs. A painful recovery from your injuries.
These are just some of the potential consequences of a motor vehicle crash. If you’ve been injured in such a wreck, particularly one another negligent motorist caused, compensation may be available for your losses. The most common ways to recover it are to file an insurance claim or a lawsuit.
However, sometimes, the at-fault driver will offer cash immediately or shortly after an accident. Understanding the pros and cons of accepting a cash offer can help you better determine whether doing so is the best option now. For more information, contact Munley Law today and discuss your car accident case with a free consultation.
Understanding Out-of-Pocket Settlement Offers
There is no law in most other states requiring motorists to settle car accidents via traditional processes, […]
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Hotel Accident Lawyer
When you visit a hotel, one of your expectations is that it’s a safe place to spend the night. It’s your temporary home, where you can relax and plan for the next day’s activities. But sometimes, a hotel does not offer the safety that you deserve. Sometimes, there are dangers present in the hotel that can cause injury. Or even worse, a negligent staff member could have caused your injuries. Soon, your home away from home will not be as comfortable and as safe as it once was.
If you were involved in an accident while visiting a hotel or motel, you would need an experienced hotel accident lawyer to help get the compensation you need. For 65 years, the hotel accident lawyers at Munley Law Personal Injury Attorneys have been helping hotel accident victims across the United States. Our team of award-winning lawyers will not rest until you receive proper compensation for your injuries. […]
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Multi-Vehicle Crash in Lancaster County Sends Two to Hospital
Police are currently investigating a multi-vehicle car accident that sent two people two people to the hospital on December 13 in Lancaster County.
According to news reports, the accident occurred in Manheim Township where one of the vehicles overturned in the middle of the highway. Police officials say the southbound lanes of Route 222 were closed for several hours as the crash were investigated.
Authorities say two people sustained serious injuries in the accident.
The Difficulties Surrounding Multi-Vehicle Accidents
Multi-vehicle accidents, often called chain-reaction crashes or pileups, can be particularly devastating events that frequently occur on highways and major roadways, especially during adverse weather conditions or periods of heavy traffic. These accidents typically begin when one collision creates a cascade effect, with subsequent vehicles unable to stop in time to avoid the initial crash. Common triggers include sudden braking in dense fog, […]
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Upper Darby Nursing Home Abuse Lawyer
When you place an elderly loved one in a nursing home facility, you expect them to be treated with dignity and respect. But when you start to notice signs of elder abuse, you can feel like you let your family member down and now have to fight another battle. The Upper Darby nursing home abuse lawyers of Munley Law understand the devastating impacts elder abuse can have on the victim and their family.
At Munley Law, we have 65 years of experience in complex personal injury cases, including those involving neglect in assisted living facilities. If you suspect medical malpractice, sexual abuse, or any form of nursing home negligence, call our law office today for a no-obligation, free consultation.
What is Nursing Home Abuse in Upper Darby, PA?
According to the World Health Organization (WHO), […]
