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 Dram Shop Lawyer
Going to a bar or restaurant, you want to have a good time. And that may mean having a couple of drinks. But sometimes, people take the good times too far and become extremely intoxicated. That person may decide to get into their car to drive home. Of course, what happens next is that you get into an accident with the drunken driver. What do you do next? Who is liable for your injuries?
The dram shop lawyers at Munley Law Personal Injury Attorneys understand how difficult a situation this can be. These types of cases are never cut and dry. That’s why our team of attorneys work hard to make sure the guilty party or parties are held accountable for their actions. We make sure you get the compensation that you deserve after such an accident.
What are Dram Shop Laws? […]
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Negligent Security Lawyer
It’s a fear most of us have — become a victim of a crime and getting injured as a result. But what if your injury could have been prevented if proper security measures in place? You would probably feel angry and upset. No one deserves to be injured because of negligence. It’s time to take action with a negligent security lawyer.
When people visit a place of business or lodging, you have the right to expect a reasonable amount of safety. In fact, property owners have a duty to secure their premises and protect lawful visitors and patrons from foreseeable harm.
Most premises liability cases involve “accidents,” or unintended consequences of careless property owners. But what happens if you are the victim of an intentional act – a violent crime on someone’s property or at a place of business? […]
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Can I Work While On Workers’ Compensation in Stroudsburg?
Can I Work While Receiving Workers’ Compensation Benefits in Stroudsburg?
The Pennsylvania workers’ compensation system is meant to provide support to workers after they’ve been injured on the job. It will pay all their medical costs and provide wages while the worker recovers from their injuries. In the majority of workplace injury cases, the employee will receive workers’ comp benefits until they are ready to return to work. But not all workers’ comp cases are that straightforward. In some cases, an injured worker who has not fully recovered may go back to work to perform light duty assignments. This individual will continue to have medical bills, so workers’ compensation benefits will still be available to them.
However, is it possible to collect workers’ compensation benefits and work your normal job at the same time? The answer is, yes, under certain circumstances you can work and collect workers’ […]
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What If I am Partly to Blame for the Truck Accident?
Can I Still Receive Compensation if I’m Partially At Fault for a Truck Crash?
If you’ve been involved in a truck accident in Pennsylvania, you may be wondering what your legal options are. One important question that may be on your mind is whether you can still pursue a personal injury claim if you are partly to blame for the accident.
The answer is yes, you can still pursue a claim even if you are found to be partly at fault for the accident. If you have been involved in a truck accident in Pennsylvania and you are partly to blame, it does not mean you cannot pursue a claim. But it is important to speak with an experienced truck accident lawyer at Munley Law to learn what your options are and what compensation you could receive.
What is Comparative and Contributory Negligence? […]
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How to File a Truck Accident Lawsuit
Every time we get in our car, whether we’re going to work, to pick up the kids, to dinner, or anything in between, we expect to arrive safely at our destination. Most of the time, this is exactly what happens. But the devastating truth is that car accidents are a very real risk any time you’re on the road.
While all accidents are terrifying, accidents involving trucks and other commercial motor vehicles are particularly dangerous. A truck accident is likely to cause far more damage and more serious injuries than most other kinds of motor vehicle accidents, given the size and weight of something like a semi-truck. It’s not uncommon for victims to endure something as serious as a traumatic brain injury.
Accidents involving large trucks can be life-changing events for all those involved, and in most cases, the inhabitants of passenger vehicles are the ones who bear the brunt of the damage. […]
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