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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Pittsburgh Birth Injury Lawyer
Our Pittsburgh Birth Injury Lawyers Will Get You Justice
Having a baby should be a joyous occasion. Unfortunately, when medical negligence causes a birth injury, the consequences can be devastating for the entire family. As leading birth injury lawyers in Pittsburgh, Munley Law is dedicated to providing support and representation to families affected during the difficult time following a birth injury. We understand the suffering and loss a family can experience when a child is injured during birth due to medical negligence. Our attorneys are experienced in working with families to seek justice for the wrongs that occurred.
At Munley Law, our Pittsburgh personal injury lawyers are committed to providing personalized representation to each client we serve. Our attorneys have extensive knowledge and experience handling birth injury cases. We can provide you with the resources and legal guidance you need to seek justice. […]
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Truck Driver Fatigue
How Dangerous is Drowsy Driving For a Truck Driver?
Drowsy driving is one of the leading causes of truck accidents in the US. Truck drivers are under enormous pressure to meet deadlines, get paid, and keep their jobs, but when the driver of a 15-ton commercial vehicle becomes drowsy, the results can be catastrophic. Of course, the motorists most likely to be injured or killed in a truck accident are not the truck drivers themselves, but the drivers and passengers in other vehicles. If you are involved in an accident with a drowsy truck driver, you need a well-qualified truck accident lawyer who understands how to properly represent your claim.
The Federal Motor Carrier Safety Administration regulates the commercial trucking industry, including how many hours truck drivers are permitted to operate their vehicles on a daily and weekly basis. […]
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Pittsburgh Product Liability Lawyer
Injured by a Faulty or Dangerous Product? Let Us Help You Recover.
2021 saw nearly 12 million people in the United States rushed into emergency treatment due to an injury from a consumer product. While you never think it will happen to you, everyday products can put you and your family at risk if they are defective or dangerous. Often, someone in the production chain knew the product was defective. However, they chose to prioritize their profits over the safety of customers and consumers.
You should be able to trust that the manufacturer or designer of your product kept your safety as their highest priority. If this trust was violated, a Pittsburgh product liability attorney can help you hold those responsible for your injuries accountable. Contact the product liability lawyers at Munley Law to schedule a free consultation. We’re here to help. […]
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Is Workers’ Compensation for Independent Contractors Available?
When you are an independent contractor you have more flexibility and the potential to earn more than workers who make a straight salary working for a single employer. And while there are obvious benefits, you know from experience that with the flexibility and extra earning capacity that comes with working for yourself, there are added anxieties and responsibilities.
When you work for yourself, you have a lot of freedom but also a lot to think about, prepare for and worry about.
When you work for yourself and you sustain a work-related injury or illness, you may wonder how you can afford your medical bills or how you’ll get paid for missed time from work. Fortunately, if you have Pennsylvania workers’ compensation insurance, those benefits can provide necessary financial support while you recover.
Independent contractors work in every US business sector
According to an article by Business New Daily, […]
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How Long Does it Take to Resolve a Personal Injury Case?
Know what to expect and how to navigate your personal injury case
If you or a loved one has been injured in an auto, workplace, medical malpractice, or other catastrophic accident, the physical, emotional, and financial strains often feel as if they surmount at an exponential rate. Time seems to be of the essence and efforts to expedite your claim may prove to shortchange you of what you are entitled to, should you not be well-informed of common practices that can minimize your settlement. All personal injury cases are not created equal; there are many variables that can
influence the timeline of a personal injury case, and a trustworthy, experienced, and successful lawyer will never profess a guaranteed timeline. Esteemed personal injury attorneys can commit to resolving your case in the most efficient and effective way; our personal injury lawyers have spent decades fighting against culpable businesses and insurance companies in Pennsylvania and we will get you what you deserve. […]
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