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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Pennsylvania #3 in the U.S. for Deer Collisions
It’s the first day of fall. The new season brings lots to look forward to. But, for Pennsylvania drivers, it also means you’re more likely to encounter a deer on the road.
Pennsylvania is now #3 in the U.S. for deer collisions – up from #4 last year. State Farm estimates that one in 67 Pennsylvania drivers will file an insurance claim for a car accident involving a deer in 2016.
Why does the risk increase in the fall? October through December is deer mating season, which also coincides with hunting season when deer are likely to be on the move. At the same time, days are getting shorter and darkness falls earlier, reducing driver visibility.
Tips to avoid hitting a deer
- Slow down, particularly at dusk and dawn. Especially on rural roads or in wooded areas, it’s important to remember that a large animal could be around the next corner or dart out unexpectedly. […]
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Single Vehicle Accident Lawyer
Not all car accidents involve more than one vehicle; sometimes, it can just be a single vehicle. When this happens, you may be wondering how to proceed with your insurance. After all, who else is to blame for your accident? How will you be able to recover for your injuries? Who will pay for the damages?
When you get in a single vehicle accident, before talking to the insurance company, your first call should be to the Scranton personal injury law firm Munley Law Personal Injury Attorneys. With more than 55 years of experience in personal injury law, our team of award-winning auto accident lawyers are ready to help you get the compensation you need to recover from your injuries. We’ve helped thousands of clients in many forms of accidents and we can help you with your case.
Who May Be Responsible for Your Single Vehicle Accident
Despite what you may feel, […]
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School Bus Accident Lawyer
If your child suffers an injury while riding a school bus, you may have grounds for a lawsuit. A school bus accident lawyer at Munley Law Personal Injury Attorneys can help you get the compensation you deserve.
When your child has been hurt, you need legal representation you can trust. Since 1959, families throughout Pennsylvania and across the U.S. have turned to the personal injury lawyers at Munley Law Personal Injury Attorneys. Our attorneys have been named among the Best Lawyers in America (via the national legal guide Best Lawyers), Best Law Firms (via U.S. News and World Report), and Pennsylvania’s Super Lawyers. We have built a national reputation on our dedication to accident cases involving large vehicles like trucks and buses. Most importantly, our lawyers get results.
Contact Munley Law Personal Injury Attorneys today for a free consultation. A school bus accident lawyer will review your claim at no charge, […]
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The Most Dangerous Jobs in America, 2016
Some of the most dangerous jobs are the ones that our communities depend on the most. We are thankful to those who put their own safety at risk to help others. As we look ahead to Labor Day Weekend, we’re thinking of the laborers with the most dangerous jobs in the U.S.
Last month, CareerCast released the 2016 list of the most hazardous jobs in America.
Is your job in the top 10?
Top 10 Most Dangerous Jobs
- Construction Worker
- Correction Officer
- Emergency Medical Technician
- Farmer
- Firefighter
- Nursing Assistant
- Police Officer
- Taxi Driver
- Truck Driver
- Veterinarian
Not surprisingly, construction tops this year’s list again. In physically demanding industries like construction, injuries are not uncommon.
Similarly, careers involving driving are particularly risky. […]
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Teen in jail, Snapchat speed filter blamed for 107 MPH crash
A 19-year-old girl is in jail after allegedly causing a 107 MPH car crash outside of Atlanta, GA, while using Snapchat to record her speed.
Snapchat has a filter that allows users to record how fast they’re traveling when they take photos or videos with the app.
As personal injury lawyers who handle car accidents on a daily basis, we can’t help but see the Snapchat speed filter as inherently dangerous, and as an accident waiting to happen. In a society already marred by distracted driving, this filter seems to contradict every effort to deter cell phone use behind the wheel. While representatives of the app claim that the speed filter includes a warning not to use it while driving, that seems contradictory to its very function and offers little comfort to the families of those who have been hurt in other accidents involving a speeding, […]
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