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.
More information about Claim
How Can I Prove My Pain and Suffering?
The effects of an accident, whether it is a car wreck, slip and fall, medical error, or workplace accident, can have lasting effects on the victim. Debilitating physical injuries and emotional trauma can plague the victim for years to come.
Pain and suffering refers to physical discomfort and emotional toll the victim faces after an accident. These “non-economic damages” accompany the victim after an injury and can include physical pain, discomfort, mental anguish, inconveniences, and emotional distress.
Pain and suffering claims tend to be a bit more complicated than a regular injury claim. You will need a team of pain and suffering lawyers behind you in order to prove you are owed compensation for your trouble. This is where the personal injury lawyers at Munley Law Personal Injury Attorneys come in. […]
Read MoreMore information about Claim
What Happens If You Hit a Cyclist with Your Car?
Hit a Cyclist, or Injured in a Bicycle Accident? We Can Help.
Car accidents involving an injured cyclist can be the worst experience anyone can have. If you’re asking yourself “What happens if you hit a cyclist with your car?” an experienced bicycle accident lawyer can help.
You may feel guilty, upset, and anxious about what happens afterward. Can the cyclist sue you for the accident? What will happen to your insurance rates? What happens next?
These are all valid concerns to have before, during, and after your time on the accident scene. Even if you were injured in the bicycle accident as well, you may be stressing over what can happen. That’s why it’s important to know what your next steps should be to protect yourself and your claim.
For over 60 years, […]
Read MoreMore information about Claim
Can I Sue After a Car Accident If I Was Not Hurt?
What Options Are Available After A Car Accident With No Injuries?
Everyone knows that if you are injured in a car accident, you have the option to file a lawsuit against the other driver. But what happens if you only suffer damage to your vehicle? Can you sue the other driver?
Even if you suffered no physical injuries during an accident caused by the negligence of another driver, you could still recover property damage costs. If your insurance company refuses to repair or replace a car you suffer heavy damage you might need to seek court action to have them repaired or replaced.
Understanding your legal rights after a car accident is paramount. Please note that Munley Law handles personal injury cases only.
Filing Car Accident Claim with Insurance Company
The best way to ensure you recover compensation and financial losses from insurance companies or liable parties in your car accident property damage settlement is to hire an experienced car accident property damage lawyer. […]
Read MoreMore information about Claim
Occupational Illness & Injury in Pennsylvania
In Pennsylvania, about 122,000 workers suffered occupational illnesses or injuries in 2019. Each year, more than 100,000 Pennsylvania employees experience an occupational injury on the job or in accidents related to their work. Unfortunately, 71 workers were killed on the job in Pennsylvania.
All of these workers are covered by the Pennsylvania Workers’ Compensation Act. Under this workers’ comp law, all work injuries and illnesses resulting in death, permanent impairment, or loss of time beyond a day or shift are covered. This means that any employee who suffers a work-related illness or injury may be eligible to receive compensation for his losses, including money to pay for lost wages, medical expenses, or disability. In addition, family members of workers who suffer a fatal injury and die may receive compensation to help them get back on their feet after the death of their loved ones.
If you or a loved one suffered a workplace injury, […]
Read MoreMore information about Claim
Is it Better to Settle or Go to Trial?
Experienced Personal Injury Lawyer Can Help Determine Next Steps in Your Case
During the course of your lawsuit, your personal injury lawyer will discuss your options for settling your case or going to trial. A well-negotiated settlement can leave you financially secure while ending your lawsuit quickly but runs the risk of undervaluing your claim. On the other hand, a winning verdict at trial can bring you the compensation you deserve for your injuries, but at the cost of a lengthy and overwhelming court battle.
Your personal injury lawyer for your accident lawsuit is unique. That is why you need an experienced personal injury lawyer with negotiation skills, a track record of winning verdicts, and a history of reaching bold settlement agreements to help you decide on the best path forward. There are pros and cons to both settling a personal injury case and going to trial. […]
Read More
