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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Carbondale Wrongful Death Lawyer
Unfortunately, thousands of people are killed each year in accidents in Pennsylvania. This means there are thousands of families left in the wake of accidents. And these family members may be facing emotional distress as well as financial struggles.
When a family member’s death in Carbondale was caused by someone else’s negligence, you may be able to seek compensation on their behalf in a wrongful death lawsuit. The Carbondale wrongful death lawyers at Munley Law have handled wrongful death and other personal injury lawsuits for over 60 years. If your family member was killed in an accident, call us for a free, no-obligation consultation. We will answer your questions and advise you of your legal rights.
What Is Wrongful Death?
Wrongful death occurs when a loved one dies due to the negligence or intentional act of another person. When this happens, […]
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How Much Do I Get From Workers’ Compensation?
In the aftermath of a workplace accident, most people feel anxiety about their finances. Between expensive medical care and missed work, many might worry about how to make ends meet. If you have been involved in a workplace accident, Munley Law Personal Injury Attorneys expresses its most sincere condolences. From dealing with hundreds of worker’s compensation claims, we are aware that these can be particularly trying times in any professional’s life.
While you are healing, we hope that our deep expertise in litigating workers’ compensation claims can make this difficult time a little easier. Winning the outcome that you deserve can go a long way toward improving your recovery and reducing the financial pressure you are under. Please reach out to our workers’ compensation lawyer today for a free consultation. We look forward to putting our expertise to work for you.
What is Workers’ […]
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What is Strict Liability Law?
How Does Strict Liability Affect My Personal Injury Claim?
There are many personal injury cases that benefit from the strict liability law doctrine, also known as liability law. When the strict liability law doctrine is applicable, victims can seek out a personal injury claim without the emotionally exhausting task of establishing the responsible person(s) or company‘s proof of negligence, intention, or carelessness. Strict liability law only demands the evidence that shows harm or danger was inflicted upon the party seeking compensation, and that the accused committed it.
If you think that you have a personal injury case, or should you have questions about filing your case, contact a personal injury lawyer at Munley Law for a free consultation – we have over 60 years of experience, a successful track record, the resources, the knowledge, and the nationally recognized team to get you the compensation that you are entitled to. […]
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Scranton Head-On Collisions Lawyer
Head-On Auto Accidents in Scranton PA
Head-on collisions in Scranton and the surrounding areas are some of the most serious motor vehicle accidents on the roads. If you’ve been involved in a head-on auto accident, you need a skilled Scranton car accident lawyer to help you get the compensation you deserve. At Munley Law, we’re an experienced personal injury law firm in Scranton that can help you get the justice you deserve. Contact us today to schedule a free consultation.
How a Lawyer Can Help You After a Head-On Car Accident?
In 2017, the Pennsylvania Department of Transportation recorded 4,780 head-on collisions in the state. If you’ve been injured in a head-on collision, you need an experienced lawyer to help you get the compensation you deserve for your medical bills, lost wages, and suffering.
A head-on collision lawyer can help you by:
- Investigating the auto accident to determine who was at fault
- Explaining your legal options
- Negotiating with the insurance company to get you the best possible settlement
- Helping you understand the legal process and prepare for court
- Advocating for your rights and protecting you from any unfair tactics
- Representing you in court if necessary
What Are the Qualities of the Best Car Accident Lawyers? […]
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Seeking Compensation for Severe Injuries in Scranton Motorcycle Accidents
Motorcycle riding provides an exhilarating sense of freedom and thrill unmatched by any other form of transportation, yet it comes with its risks – particularly accidents. The Scranton motorcycle accident lawyers at Munley Law understand the unique dangers motorcyclists face on the road. Our dedicated team of personal injury attorneys stands ready to support victims who have sustained severe injuries in motorcycle accidents – fighting tirelessly on behalf of victims’ rights while fighting to obtain fair compensation to aid in recovery and secure future success.
Motorcycle accidents can have life-changing repercussions, often leading to severe injuries or fatalities. Motorcyclists lack protection from other vehicles during collisions; as a result, when an accident happens, its consequences can be swift and damaging. Munley Law strives to offer our clients top-tier legal representation while at the same time showing compassion and understanding during these trying times.
