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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Philadelphia Dog Bite Lawyer
Dog Bite Accident Lawyer in Philadelphia
Being the victim of a dog bite is undoubtedly a terrifying and stressful experience. A Philadelphia dog bite lawyer at Munley Law Personal Injury Attorneys can help.
Many Americans have furry companions; in fact, nearly one third of American homes include a canine family member. But dogs are still animals, and the risk of a bite is always present. A CDC (Center for Disease Control) study estimates that about than 4.7 million dog bites take place in the US each year. Of these, approximately 800,000 require or result in medical care. These are some staggering statistics, and yet, many Americans don’t realize that dog bite victims are eligible for compensation just the same as car accident victims.
When a dog bite accident case goes unreported, the victim waives their ability to claim any kind of monetary compensation for their pain, […]
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How Does an Insurance Company Decide Who Was at Fault for a Scranton Car Accident?
Who Determines Who is At Fault After a Car Accident?
Imagine you are pulling out of a driveway, with your view partially obscured by a snowbank. As you do, another car comes around the corner and hits you. Who’s at fault for the car accident?
The answer may not always be that easy to determine–but answering it may be crucial in deciding who is ultimately responsible for paying for medical expenses and vehicle damage. Answering the question of who is at fault for auto accidents can also change depending on who is answering it, the traffic laws applicable to the situation, or the state in which the auto accident occurs. It can get even more complicated when multiple vehicles are involved.
While police and insurance companies may weigh in with their own assessment of who is at fault in car accidents, […]
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Philadelphia Semi-Truck Accident Lawyer
Get the Justice You Deserve Following a Semi-Truck Accident in Philadelphia
If you or a loved one has been involved in a semi-truck accident in the Philadelphia area, it’s important to understand your legal rights and options. These types of accidents can be complex, and you need an experienced Philadelphia semi-truck accident lawyer on your side to help you navigate the legal process and fight for the compensation you deserve.
Trucking accidents in Philadelphia are a serious issue, with a significant number of fatalities and injuries occurring annually. If you or a loved one are truck accident victims, it is important to speak with a Philadelphia truck accident attorney to ensure your rights are protected and you are able to recover the maximum compensation you are entitled to receive.
How Dangerous Our Semi-Truck Accidents in Philadelphia?
Philadelphia is a major transportation hub, […]
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Philadelphia Commercial Truck Accident Lawyer
If You’ve Suffered An Injury After a Truck Accident, You Need an Experienced Truck Accident Lawyer On Your Side
If you or a loved one was injured by a truck driver’s negligence, you need an experienced Philadelphia truck accident lawyer at your side. For more than 60 years, the truck accident attorneys at Munley Law Personal Injury Attorneys have fought for families and individuals who have been injured in motor vehicle crashes or other accidents involving commercial vehicles.
As just one example, in 2018, Marion Munley, Caroline Munley, and Bob Munley reached an $8 million settlement in a wrongful death case involving a truck crash. Our experienced personal injury legal team has successfully resolved many personal injury cases just like this one. Together, we can work to recover money to compensate you for all the injuries you suffered in a trucking accident. […]
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Philadelphia Taxi Accident Lawyer
Injured in a Taxi in Philadelphia? We Can Help.
Whether you’re taking a taxi to go out with friends, to avoid trying to find parking near a busy restaurant, or heading to the airport, you expect an experienced taxi driver will get you there safely. However, taxi drivers can also be overly confident they know how to drive in a familiar city and may rush while trying to maximize their time and the fare.
We know a lot of Philly residents rely on public transportation such as taxis to get from point A to point B.
If you were injured as a passenger in a taxi cab, our Philadelphia auto accident lawyers are here to help you recover.
Getting into an accident in cab can be a stressful experience. You have no control over the vehicle or the driver, […]
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