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.
More information about Claim
Pittsburgh Spinal Cord Injury Lawyer
Get the Compensation You Deserve After a Spinal Cord Injury
Next to your brain, your spinal cord is one of the most essential parts of your overall body function. Any injury to the spinal cord can be catastrophic, affecting your ability to interact with the world and live independently. As a victim of a spinal cord injury, you may be dealing with anything from daily pain to permanent disability.
If you have suffered from a spinal cord injury due to the negligence of another person, you need an experienced attorney on your side. At Munley Law, our Pittsburgh personal injury attorneys have experience in complex personal injury litigation. We can work with you to demand the justice you are owed for your injuries, obtaining the compensation you need to recover.
Reach out to Munley Law right away to discuss your spinal injury case. […]
Read MoreMore information about Claim
Pittsburgh Texting While Driving Accident Lawyer
Texting behind the wheel makes you 23 times more likely to get into a crash. According to the Virginia Tech Transportation Institute, you are six times more likely to be in a motor vehicle crash while driving if you’re texting versus if you were intoxicated. Still, people all over the city of Pittsburgh use their phones while driving every day, and innocent people get hurt. If you were injured in a car accident in western Pennsylvania caused by someone who was texting and driving, a Pittsburgh texting and driving accident lawyer at Munley Law can help make things right. We represent drivers, passengers, pedestrians, motorcycle riders, and bicyclists who have been injured in Pittsburgh and Allegheny County by distracted drivers.
Contact a Pittsburgh car accident lawyer at Munley Law Personal Injury Attorneys today for a free consultation. We will listen to you, […]
Read MoreMore information about Claim
What is Road Rage?
Is Road Rage Dangerous?
Emotions get the best of all of us at times, but when driving on the road, we have a responsibility to use good judgement, composure, and respect amongst fellow drivers and pedestrians. It is tempting to get angry or upset when someone clearly cuts you off or abruptly changes lanes without signaling, and that same anger can tempt you to start raging at someone and practicing reckless driving. Giving into your emotions in the heat of the moment can intensify the danger of an already precarious situation; often termed as “road rage,” aggressive retaliation on the road can trigger a series of dangerous, and even deadly, consequences. With all of this in mind, there are safe practices to manage your frustration and to be on the alert for when sharing the road with aggressive drivers.
If you were involved in a car accident with a driver suffering from road rage, […]
Read MoreMore information about Claim
Philadelphia 18 Wheeler Accident Lawyer
Your Advocates After an Accident With an 18 Wheeler
When you or a loved one has been hurt in an 18 wheeler truck accident in Philadelphia, you might be facing an uphill battle to recover the just compensation you deserve. Eighteen wheelers, also known as tractor trailers or semi trucks, are heavy commercial trucks that can weigh over 80,000 pounds and are 25 times the size of an average passenger vehicle.
Truck accidents are far more serious than most passenger vehicle crashes. Commercial truck accidents involving 18 wheelers can cause far more serious injuries than car accidents. If you have been involved in a truck accident in Philadelphia, you need an experienced Philadelphia 18 wheeler accident lawyer on your side.
The Philadelphia truck accident lawyers at Munley Law Personal Injury Attorneys have over 60 years of experience handling truck accident claims throughout Pennsylvania. […]
Read MoreMore information about Claim
Should I Accept the First Insurance Settlement After a Scranton Car Accident?
The Insurance Company Offered a Settlement. Should I Take It?
After an automobile accident, you are likely to be experiencing a great deal of physical pain and emotional distress. You may be tempted to immediately accept the first offer from the other driver’s insurance company to put the car accident behind you as quickly as possible. However, this is almost never a good idea.
An insurance company is necessarily looking first and foremost to its own bottom line, and not to what would be fair compensation for you. The insurance company makes money by keeping its payouts as low as possible, and can take advantage of your desire for a speedy resolution to make you a low settlement offer that does not provide a fair settlement for your personal injury.
If you have questions about a car accident settlement, your first step is to contact an experienced car accident lawyer at Munley Law Personal Injury Attorneys. […]
Read More
