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 Most Dangerous Roads in Philadelphia?
What Are the Top Philadelphia Roads That Car Accidents Occur?
A car accident can happen anywhere in Philadelphia. But there are some roads and intersections that are more dangerous than others. Accidents occur more often at certain locations that are more heavily traveled. There are also some roads that are inherently dangerous based upon the characteristics of the highway itself, such as narrow lanes, sharp curves, or reduced sight lines.
In fact, Philadelphia has four of the ten most dangerous highways and road segments in Pennsylvania. Some intersections also have significantly higher crash statistics than other locations throughout Philadelphia.
If you were injured in a car accident on one of Philadelphia’s deadliest roads, contact our Philadelphia car accident lawyer for a free consultation. Munley Law Personal Injury Attorneys is happy to discuss your legal options following a traffic accident in Philadelphia. […]
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Philadelphia Fatal Truck Accident Lawyer
Fatal Commercial Truck Accidents in Philadelphia
Commercial trucks provide a necessary service and form an integral part of the national economy. But commercial trucks are also dangerous, especially when driven on the narrow streets of Philadelphia. If you’ve lost a loved one in an accident with a commercial vehicle, you may have a legal claim that can alleviate the financial burdens you and your family now must navigate.
For more than 60 years, the Philadelphia fatal truck accident attorneys at Munley Law have fought for families and individuals who have lost a family member because of someone else’s wrongful action. As just one example, in 2018, Marion Munley, Caroline Munley, and Robert Munley III reached an $8 million settlement in a wrongful death case involving a truck crash. Our experienced Philadelphia truck accident lawyers have successfully resolved many personal injury cases just like this one, […]
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Pittsburgh Distracted Driving Accident Lawyer
Distracted Driving is Dangerous. Our Pittsburgh Distracted Driving Accident Attorneys Can Help.
When a driver takes their eyes, or mind, off the road for even a few seconds, the consequences can be devastating. Driving requires various types of focus and attention, including keeping your eyes on the road, your hands on the wheel, and your mind focused on the act of driving. When a driver fails to do any of these actions and causes a car accident, the injury victim has the right to file a personal injury lawsuit against that driver.
If you or a loved one has experienced a motor vehicle accident that involves a distracted driver in Pittsburgh, you very well may be eligible for compensation. Contact one of the experienced Pittsburgh distracted driving accident attorneys at Munley Law today for a free case evaluation, and to learn how our Pittsburgh car accident lawyer can help protect your rights. […]
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When is the Trucking Company Liable?
Know what criteria and laws fault trucking companies as the guilty party in a truck accident
If you or a loved one has been in a truck accident, chances are you are not sure whether or not the truck driver or the trucking company, or both, are ultimately responsible. Truck accidents are complex and multi-faceted; fault can range from broker liability to driver fatigue. Overwhelming, stressful events like this are best dealt with by consulting a truck accident lawyer who has a successful track record, and who has the resources and expertise to manage all the details of your particular case.
At Munley Law, our truck accident attorneys have decades of experience, are nationally recognized, and are experts at aggressively pursuing the justice and compensation that truck accidents deserve. Our team includes Daniel Munley and Marion Munley, […]
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Reading Workers’ Compensation FAQs
What is Workers’ Compensation?
Workers’ compensation is a state-sponsored insurance program that provides compensation for workers suffering injury or illness. Pennsylvania workers’ compensation was mandated in the 1914 Pennsylvania Workers Compensation Act as a safety net for individuals who become injured or sick as a result of job-related duties or conditions. Workers’ compensation benefits exist to pay for medical expenses and lost wages when you suffer a work-related injury, become ill, or aggravate an existing injury or disease while on the job.
All PA employers are obligated by the Commonwealth to carry workers’ compensation insurance for their employees. Most employees are covered by workers’ compensation regardless of their status as part-time or full-time and regardless of their immigration status. Whether you are a full-time, part-time, seasonal, or immigrant worker regardless of your immigration status who was injured or became sick while on the job, […]
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