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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Uber will no longer force assault victims to arbitration
Uber will no longer force the use of private arbitration for riders, drivers or employees who claim that they have been sexually assaulted or harassed. Rather, these cases can now be brought to court and be heard by a jury.
Until now, riders waived their constitutional right to a trial when they signed Uber’s user agreement. Now, anyone who claims that they have been sexually assaulted or harassed as an Uber rider, driver, or employee can have their individual cases brought to court and be heard by a jury. Uber will also end the requirement that victims who accept settlements through arbitration must sign confidentiality agreements that prevent them from talking about their experiences.
The policy change does not include other forms of harassment.
Arbitration used to silence victims of assault and harassment
Because of confidentiality agreements, the company has been able to keep the issue out of the press. […]
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Hazleton Pedestrian Accident Lawyer
You were walking or jogging in Hazleton and, in an instant, everything changed. Something happened and all of a sudden you were on the ground in pain, wondering how you would be able to provide for your family.
You were injured in a pedestrian accident that wasn’t your fault.
Now it is up to you to try to put the pieces back together.
Pedestrian accidents are an all-too-common occurrence. From driver negligence to poor crosswalk engineering, there are numerous factors that can create circumstances in which pedestrians are helpless to avoid being injured. While pedestrian accidents can – and generally should – be avoided with safe driving, they continue to occur on a routine basis. Those who are at fault deserve to be held legally and financially accountable.
At Munley Law Personal Injury Attorneys, […]
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Hazleton Catastrophic Injury Lawyer
If you or a loved one experienced a catastrophic injury as the result of a traumatic accident, it is critical that you get the right legal representation. Our attorneys have decades of experience representing accident victims in Hazleton and throughout Pennsylvania.
A catastrophic injury can impact your life in more ways than most people can comprehend. From chronic pain and limited mobility to physical disabilities and emotional trauma that interfere with your ability to work and enjoy life, suffering a catastrophic injury can truly mean that life will never be the same.
If you or a close family member has been diagnosed with a catastrophic injury as a result of an accident in which another person or company was to blame, you deserve compensation for your injury-related losses. While no amount of money can truly restore what you have lost, asserting your legal rights can be critical to your recovery and your family’s long-term financial stability. […]
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Pottsville Medical Malpractice Lawyer
If you or someone you love suffered due to medical negligence in the Pottsville area, contact a Pottsville medical malpractice lawyer at Munley Law Personal Injury Attorneys for a free consultation
When someone suffers harm because of medical mistakes or failure to follow a standard of care, the negligent caregiver should be held responsible. As the patient or patient’s family member, you may be eligible for financial compensation for your suffering. The medical malpractice lawyers at Munley Law Personal Injury Attorneys can help. For nearly 60 years, our personal injury lawyers have helped people like you who have been harmed by medical errors or negligence.
Medical malpractice cases are often very complex. It is vital that you consult with an experienced medical malpractice attorney in Pottsville to ensure your have the best chance of recovering full and fair compensation for your losses. […]
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Pottsville Product Liability Lawyer
Hurt by a dangerous or defective product in Schuylkill County? Get a free consultation with a Pottsville product liability lawyer at Munley Law Personal Injury Attorneys.
As a consumer, you expect that the products you use each day have been properly designed and tested for safety. It is the responsibility of product designers and manufacturers to ensure that their products are not dangerous, defective, or harmful in any way to the consumer. If someone gets hurt because of a defective or unsafe product, the brand or manufacturer of that product may be liable.
At Munley Law Personal Injury Attorneys, we hold the makers of dangerous products accountable for the harm they cause. Product liability cases are difficult, so it’s imperative that you find an attorney with experience handling these cases. Our product liability lawyers have decades of experience handling a wide range of products cases including everything from automotive recalls to unsafe medical devices. […]
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