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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What Are the Chances of Winning a Personal Injury Lawsuit?
When you are hurt in an accident because of the negligence of another, your first instinct may be to just let it go. After such a traumatic experience, it’s easy to want to push past it and move forward. However, other people may see this traumatic experience and immediately think the right move is to sue in a personal injury lawsuit.
But what are the chances of winning a personal injury lawsuit? While no personal injury attorney can guarantee an outcome for your claim or case, working with a reputable law firm can help you win your claim and secure the compensation you need to move forward.
When Can You Sue For a Personal Injury?
There are many accidents that may result in needing to file a personal injury claim or lawsuit to recover the compensation needed to deal with your injuries and financial losses. […]
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Allentown Personal Injury FAQs
Allentown Personal Injury Lawyers That Will Fight For the Money You Deserve
Catastrophic injuries can occur when we least expect them and change our lives forever. If you were injured at work, on the road, or at a local Lehigh Valley business, you may be entitled to compensation for your injuries, medical bills, lost wages, pain and suffering, and other losses. However, large companies and insurance companies will likely make getting the money you deserve as difficult as possible.
That’s where our Allentown personal injury lawyers can help. For over 60 years, Munley Law Personal Injury Attorneys have been fighting for injured clients throughout the Lehigh Valley. Our experienced attorneys have won millions for accident victims in courtrooms and negotiation rooms all over Lehigh County, Pennsylvania, and the entire United States. Our winning lawyers are on standby to discuss your case and our consultations are always free. […]
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Why Is My Car Accident Settlement Taking So Long?
Sitting around and waiting for your case to settle can be frustrating. It may feel as though you are not being prioritized, or that you’ve been forgotten, but that is not the case. Asking, “Why is this taking so long?” is valid but cannot be easily answered.
The process of settling a case is complex, intricate, and includes many working parts that take time. In some cases, a car accident claim may have to go to court because both parties cannot reach an agreement. This can make the whole process even longer. An important fact to remember is that every case is unique; therefore, the amount of time it takes for a case to settle is unique. Although easier said than done, it is important to stay as patient as possible when waiting for your settlement.
Why Do Car Accident Settlements Take Such a Long Time? […]
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How Do You Prove a Traumatic Brain Injury?
Whether you were hurt in a car accident, workplace accident, or another personal injury case, receiving a diagnosis of a traumatic brain injury (TBI) can be scary. With more than 64,000 TBI related deaths in 2020 alone, you or your family will be fighting to ensure the proper care is given for the injured victim. But if you were injured as a result of someone else’s negligence, how do you prove a traumatic brain injury was suffered?
At Munley Law Personal Injury Attorneys, we represent personal injury victims and their families who have suffered a traumatic brain injury and now are fighting for compensation from the insurance companies, or the liable party. If you suffered from a TBI following a car accident, workplace accident, […]
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How Long Does It Take Lyft to Investigate an Accident?
With the increased utilization of rideshare services, it’s no wonder there has been an increase in the amount of accident fatalities. One study concluded that from 2011 to 2016, there was an increase in occupant and pedestrian fatalities of two to three percent.
Suppose you are injured in a car accident while a passenger in a Lyft or in a collision with a Lyft driver. In that case, you may wonder how long it takes to investigate an accident and, ultimately, allow you to secure compensation. The Lyft accident lawyer of Munley Law is here to explain.
How to Report An Accident With Lyft
According to Lyft’s website, for riders or other drivers involved in collisions with a Lyft driver, you should call 911 if the accident is severe. As a passenger in the Lyft, you can call 911 utilizing the Safety Center in Lyft’s app. […]
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